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