Considerations when forming a Special Needs Trust

* Who to appoint as the Trustee(s); immediate family, relative or independent third party

* Special Needs Trust should be separate from the family trust

* Should the trust be revocable or irrevocable

* Who are the “final” Beneficiaries (Remainders) who will receive the trust assets after the disabled child dies

* Family members should discuss the future management of the trust and how it will be funded

Special needs Trusts are specialized documents using a particular vocabulary which insures that the current or future anticipated public benefits will not be affected. Few attorneys have the experience in writing these types of Trusts. Thus they should be selected with great care. We at Secure Horizons Financial work in close association with the law firm of Fletcher Tilton PC who is fully experienced in these areas of disability, government benefits, and estate planning.

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