To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Trusts for special needs children provide for their unique needs

One good reason for creating an estate plan is to give us peace of mind that, if we pass away before our children are grown, they will be provided for financially. This concern generally fades as the kids grow up, get jobs and start to take care of themselves.

But some children will never be able to be financially independent, due to a disability. For parents of a child in this situation, making sure they will be taken care of after the parents are gone is a top priority.

An inheritance or payment from a related personal injury claim could go a long way to ensuring a disabled son or daughter does not have to worry about money, despite not being able to earn an income. But standard means of passing these assets along to the child can cost them their Medicaid, Supplemental Security Income and other government benefits.

To avoid this, parents can set up a special needs trust. As the name implies, this is a trust set up for the benefit of one or more disabled people who typically lack the mental capacity to manage their own financial affairs.

As with other types of trusts, a special needs trust is administered by a trustee. You can name trusted family members as trustees, or the court can appoint a third party. Choosing the right trustee is something you should not take lightly when setting up the trust.

Besides the fact that a special needs trust does not disrupt the beneficiary’s ability to receive government benefits, it is designed to meet the unique needs of the beneficiary’s disability. Parents of children with intellectual disabilities who are creating or amending their estate plan should discuss this option with their attorney.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Review Us