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SPECIAL NEEDS PLANNING

If you have a child with a disability you undoubtedly are concerned about how to take care of your child when he or she becomes an adult, especially after you pass away.  Disabilities can come in many forms – illness, injury, autism, developmental issues, mental health issues, drug or alcohol abuse problems, or other disabilities.  The special needs can arise as the result of genetics, or as the result of an accident or injury. 

We can incorporate unique estate planning depending on your family goals and desires, and we will educate you in your options, which may include:

  • Special Needs Trust (“SNT”) (1st Party or 3rd Party)
  • Retirement or IRA Trust planning
  • Limited Conservatorship of the Person 
  • Certificate of Trust (proof of trust with all relevant terms)
  • HIPAA Release(s) related to special plan documents
  • Funding of Trust – as required
  • Trust Transfer Grant Deed(s) w/related documents (PCOR, Letters to County Recorder(s))
  • Asset Transfer Letters – as needed
  • Assignments (of Corporate Shares, Partnership Interests, and/or Business Assets)
  • Assistance with Beneficiary Designation forms for Retirement Trusts or Special Needs Trusts
  • Directions to Agents/Successor Trustees
  • Estate Plan Summary and Estate Plan Organizer

Some of the main goals of special needs planning are to prepare family members in advance as to their roles and responsibilities – and resources available to them.  Our experienced trust attorneys will guide you, family members, and your successor trustees with how to best handle financial and trust management for your loved ones with special needs.  A well-drafted estate plan with a SNT will provide an improved quality of life for a beneficiary with special needs, and could protect your estate from unnecessary costs and future Medi-Cal pay-back claims.

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