Sebastion V. Grassi, Jr., (attorney, Grassi & Toering, PLC) has recently published an informative article entitled Estate Planning for a Family with a Special Needs Child, Prob. & Prop., July/Aug. 2009, at 15.
The article provides a general overview of areas to consider when an estate plan includes a special needs child. Highlights of the article are:
A discussion of an inter-vivos stand-alone, third-party created and funded special needs trust, which will allow the special needs child to inherit without risking eligibility for SSI and medicaid.
Sample language for a contingency clause that will transform an inheritance into a special needs trust should one become necessary later (planning of the possibility of future accidents).
Directions for handling assets already owned by the special needs child so that these assets will not interfere with eligibility for benefits.
Documents to consider when planning for a mentally competent, adult special needs child.
