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What Do I Need to Know About Estate Planning for Special Needs Family Members?

What Do I Need to Know About Estate Planning for Special Needs Family Members?

Families who have a loved one with special needs understand the importance of caring for this individual and providing them with the proper resources. What they may not know is that this support does not have to stop when your life is over. Instead, there are ways you can continue to assist a special needs loved one through an estate plan. This ensures they continue to receive the resources they need throughout their life when you are no longer around. When incorporating this into your estate plan, it is important to retain the services of an experienced New York estate planning attorney for assistance.

How Do I Ensure My Loved One Receives Government Benefits? 

It is easy to make mistakes while creating an estate plan if you do not have guidance from an attorney. A common mistake that is made is leaving a person with special needs out of your plan out of the fear that they will lose their government benefits. However, it is important to understand that there is a way this individual can inherit your assets while still receiving government benefits. This can be accomplished by creating a special needs trust. This ensures the loved one with special needs is still taken care of throughout their life. 

The government benefits an individual with special needs may receive can include SSI or Medicaid. They prove the person with medical and dental care, any necessary transportation services, proper education, and other assistance that is needed. These are services that a special needs individual cannot afford to lose, as they are essential to their well-being and health. That is why it is crucial to create your estate plan accordingly.

Should I Rely on Others to Financially Assist My Special Needs Loved One? 

An individual with special needs requires the right care and attention so that they can have a full life. Without this support, they can lose certain services. If you want to protect their future, it is best to take care of it yourself with an estate plan and not rely on others, such as siblings or other children, to do so for you. You cannot predict the future of others you leave behind. It is possible for a special needs loved one to lose their case if you leave their financial care up to someone else. For example, the person you leave responsible for them can experience a divorce and lose half of their assets. This can impact their ability to care for a loved one with special needs. That is why you should take care of these situations on your own.

Contact our Firm

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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