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What to Know About Estate Planning for Family Members with Special Needs

It is important to create an estate plan that accommodates your loved one with special needs to ensure their needs are met. If you require assistance with this process, continue reading and reach out to our experienced estate planning attorney. Our legal team will assist you in creating a comprehensive estate plan that is tailored toward your loved one and their specific needs. Here are some questions you may have regarding the process ahead:

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Will my loved ones with special needs lose their government benefits if I include them in my will?

It is a huge misconception when parents believe that their child with special needs will miss out on government benefits if they chose not to disinherit them. There is a way for children to inherit assets while maintaining their government benefits. Parents should seek the assistance of an experienced estate planning attorney who can help them establish what is known as a special needs trust. A special needs trust is used to ensure your loved one is taken care of through all stages of their life.

Your attorney will help you in ensuring that your loved one will maintain their benefits including SSI or Medicaid which can help them receive the following assistance:

  • Medical and dental care
  • Education
  • Transportation services
  • Other necessary assistance

Should I rely on my children to financially care for their sibling with special needs?

It is not in your best interest to solely rely on your children to care for their sibling with special needs. This is because, in some scenarios, your assets in your estate plan may be out of your childrens’ control, even if you leave specific directions in your will that the money is to be used to care for their siblings. It is still possible for your children to lose this money. For example, if your child ever gets a divorce, their spouse may be entitled to half of the assets, even if it is intended for their sibling with special needs.

It is important that you retain the services of an experienced estate planning attorney if you have a child with special needs. With the right legal assistance, your attorney will ensure that your child is properly cared for. Give our estate planning attorney a call today to get started.

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Herting Law, PLLC, is an Iowa-based law firm designed to help with all of your legal needs. If you need a Des Moines criminal defense lawyer, our firm has significant experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you through it all, including drafting wills, trusts, and the administration of your estate. Whatever the situation, Herting Law, PLLC has you covered.

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