Creating A Trust For A Family Member With A Disability

If your estate plan provides money or assets to a person who is receiving government benefits such as Medi-Cal, you risk making him or her ineligible for those benefits. In effect, you will be making a gift to the government, since your beneficiary would have to spend those assets before he or she can once again become eligible for government benefits.

There is a way to provide assets to a beneficiary without making him or her ineligible for income-based government benefits. It's called a special-needs trust. Attorney William S. Dunlevy in Camarillo, California, knows estate law and can establish a special-needs trust to meet your goal of providing money or assets to a disabled beneficiary.

What Are The Benefits Of A Special-Needs Trust?

A special-needs trust is a trust created specifically for those with physical or mental disabilities. When a disabled beneficiary receives an inheritance from a will, it puts that person at risk of losing government benefits such as subsidized housing, Supplemental Security Income and Medi-Cal.

Since assets placed in a special-needs trust are not owned by the beneficiary, they will not count as the beneficiary's income or assets when determining whether they are eligible for government benefits.

For More Information About Special-Needs Trusts

To talk with an experienced and compassionate lawyer about special-needs trusts, complete our online contact form or call 805-322-8644.