Which trust is right for us?

Asked almost 2 years ago - Moreno Valley, CA

Married, have a home. Son is disabled, so we need to be able to give him everything, but keep him eligible for medicare when he turns 18. Have 2 other children.

Attorney answers (4)

  1. Janet Lee Brewer


    Contributor Level 17


    Lawyers agree

    Answered . Both Mr. Pippen and Mr. Frederick raise good points. I strongly suggest that you contact a certified specialist in estate planning law. You can find a list of certified specialists in Riverside County here: http://members.calbar.ca.gov/fal/MemberSearch/A...

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Joseph Franklin Pippen Jr.


    Contributor Level 20


    Lawyers agree


    Answered . You should review your circumstances with an attorney.
    Most likely choices will be a Living trust/supplemental needs trust.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20


    Lawyers agree


    Answered . It is not possible to tell you exactly what your best options are, without knowing more about your situation and your objectives. Do you have a taxable estate, for federal estate tax purposes? If so, then you need to plan for that. Is this a first marriage or are there children from prior marriages? If the latter, then you may each need a trust. If the former, you may be able to have one joint trust.

    You may need two separate trusts; one for your healthy kids and one for your disabled son. The trust for your son would be a special needs trust. You *may* be able to incorporate the special needs provisions into the other trust, but these documents are really very specialized, and I would think it is best to have two separate documents.

    You will also want to have pour-over Wills and durable power of attorney forms for finances and medical decisions. These forms should be prepared by an estate planning attorney.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  4. Lawrence A Friedman

    Contributor Level 18


    Lawyers agree

    Answered . If your son is disabled for Social Security purposes, he potentially can qualify for Medicaid and other benefits provided you do special needs planning. Typically, at a minimum, you would include a special needs trust in your estate plan. I don't know any special needs lawyers in your area but Stephen Dale, Esq. in the Bay Area [925-826-5585] is a leading CA special needs lawyer and probably could refer to to appropriate Southern California counsel. Numerous articles on special needs planning are on my website SpecialNeedsNJ.com. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.

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