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How to ensure that a minor receiving a legal settlement retains public aid benefits?

Chicago, IL |

The child was injured as a result of an accident and is receiving money through a legal settlement/ H he will have continued medical problems throughout his life. He is currently a recipient of state public aid medical insurance, is there a way to structure the settlement agreement to ensure that he retains these state benefits?

Attorney Answers 7

  1. Talk to a probate attorney. Certain types of trusts can sometimes be used to ensure that a minor child continues to receive benefits. As usual, with legal issues, its complicated and you'll need a lawyer.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.

  2. Your question really needs to be answered by an attorney who handles minor's estate. Presumably there was a lawyer when the case settled. Please consult in person with that attorney or another probate lawyer.

  3. Contact the attorney who handled the case for your child. He or she can take care of this or is likely to be able to refer you to someone who has handled these kinds of situations on prior cases.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at (219) 836 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

  4. Often, an estate planning attorney can set up a special needs trust in order to circumvent this problem.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  5. You should consult with the attorney that was handling your son's claim. He /she should be able to consult with a probate or estate attorney to determine the best approach. You are in a better position to do this before settlement.

  6. These situations are extremely complicated. Your injury attorney should recommend a probate attorney that can handle the matter. If you don't have an injury attorney, contact a probate attorney as soon as possible.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

  7. As Mr. Hoffman stated, a special needs trust can be established to allow the proceeds of the injury settlement be made available to your child without affecting his eligibility for other benefits that he needs. There are several companies that can help set these up and a good probate attorney can get this done for you. It is a complicated process to set up, but worth it to benefit your child. Good Luck.

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