Absent the assistance of an experienced Fort Lauderdale special needs trust attorney, your dependents with special needs will be at the mercy of the state to ascertain their eligibility for public assistance benefits as well as their entitlement to your estate.
If you have a child – minor or adult – who is physically or mentally impaired and therefore cannot earn an income and be self-sufficient, it is in their best interest for you to establish for them a special needs trust. This ensures they will receive Supplemental Security Income (SSI), SSDI, Medicaid, Medicare and other support programs when you die and are no longer able to provide daily care and support.
It is imperative to discuss these elements with a South Florida estate attorney because the reality is, if you – with the best of intentions – leave your child with more than a certain amount of assets, either in your will or through a trust – you might inadvertently disqualify him or her from eligibility to receive public benefits. If you have a substantial estate to allow your special needs child or loved one to live comfortably – and also cover medically necessary treatment – this may result in your child ending up in a difficult situation. As our Fort Lauderdale probate litigation attorneys can explain, even a relatively small inheritance from you could result in your adult child becoming ineligible to receive government benefits that may otherwise better cover their needs. Continue reading