Do you have a child, relative or friend that is receiving government benefits? If they receive any type of inheritance this may disqualify that person from receiving government benefits leaving them with a small inheritance with no help from the government. A special needs section in your trust can provide for someone receiving government benefits by giving the trustee full discretion regarding how much that person should receive in order to maintain government benefits. A special needs section in your trust can be a separate trust specifically made for the person receiving government benefits or it can stem from your trust providing for that person individually apart from other beneficiaries. Leaving an inheritance to someone with special needs may actually be a hindrance to their care unless a special needs trust is created protecting that person’s best interest.
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