Testamentary Special Needs Trusts

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Updated:November 14, 2024

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When it comes to estate planning, ensuring the financial security and care of loved ones with special needs is a top priority. A testamentary special needs trust provides an effective solution to this challenge. In this blog, we explore the key details of testamentary special needs trusts, including how they work, what they involve, and why they may be the best option for securing your family’s future. Understanding this important tool can help you make informed decisions that will benefit your loved ones for years to come.

Defining a Testamentary Special Needs Trust

When you create a testamentary special needs trust, you establish it within your last will and testament. Unlike other types of trusts, which people set up during their lifetime (known as inter vivos trusts), a testamentary special needs trust becomes effective only after the testator’s passing. Its purpose is to benefit an individual with a legally recognized disability. It thereby ensures their long-term financial stability while preserving their eligibility for government benefits.

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Eligibility and the Importance of a Defined Disability

A testamentary special needs trust serves individuals with legally recognized disabilities and isn’t suitable for those perceived as “special” solely based on their behavior or circumstances. To establish eligibility, the trust beneficiary must have a formally diagnosed disability that meets the legal requirements for recognition. By adhering to this criterion, the testamentary special needs trust serves as a safeguard. It provides financial support without jeopardizing the beneficiary’s access to crucial governmental aid.

Preserving Government Benefits

Individuals with disabilities often rely on government benefits, such as Supplemental Security Income (SSI) or Medicaid, to meet their ongoing medical and living expenses. However, direct bequests or distributions made to them through a will could potentially disrupt their eligibility for these essential benefits. To address this challenge, the testator establishes a testamentary special needs trust within the will. After the testator’s passing, the appointed executor sets up the trust, directing any assets or distributions from the estate to the trust for the beneficiary. This setup ensures that these distributions don’t count as income for the beneficiary, preserving their eligibility for government benefits.

Advantages of a Testamentary Special Needs Trust

Now that we have explored the basic concept and purpose of a testamentary special needs trust, let’s delve into the advantages that make it an attractive option for many individuals and families:

Financial Security and Stability: By establishing a testamentary special needs trust, you can provide your loved one with a disability the necessary financial support. This enhances their quality of life while ensuring they continue to receive vital government benefits.
Flexibility and Control: The trust allows you to outline specific instructions regarding how the funds should be used for the beneficiary’s benefit. This includes education, healthcare, housing, transportation, and other essential needs. This level of customization grants you peace of mind, knowing that your intentions will be carried out precisely.
Preservation of Eligibility: By placing assets and distributions within the trust, you safeguard the beneficiary’s eligibility for government benefits. This protection is invaluable, as it guarantees their continued access to crucial programs and services.
Testamentary Simplicity: Opting for a testamentary special needs trust can be a simpler and more practical choice compared to establishing an inter vivos trust during your lifetime. The financial obligations and complexities associated with funding an inter vivos trust may not be feasible or affordable for everyone.
Integration with Life Insurance: Life insurance policies can be seamlessly integrated into a testamentary special needs trust. By naming the trust as the beneficiary of the policy, the proceeds can be directed to the trust upon your passing, ensuring a significant source of financial support for your loved one with special needs.

Conclusion

A testamentary special needs trust offers a powerful and effective way to secure the future of individuals with disabilities. This estate planning tool ensures the financial stability of your loved one while preserving their eligibility for crucial government benefits. The flexibility, independence, and peace of mind provided by a testamentary special needs trust make it a popular choice for many families managing the complexities of caring for individuals with special needs. It provides a structured solution that addresses both financial security and long-term care needs.

At Law Office of Bryan Fagan, our Lead Estate Planning, Probate, and Guardianship Attorney, Megone Trewick, possesses the expertise and dedication to assist you in this critical aspect of planning for your loved one’s future. To embark on this journey and gain the confidence you deserve, we invite you to contact our office at 281-810-9760. Let us help you secure the financial well-being and peace of mind for your loved ones with special needs today!

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Tags: disability benefits,estate planning attorney,executor duties,special needs trust,will and testament

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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