Nutley, New Jersey estate planning and probate attorney, Brad Micklin, discusses planning a will for your child if they have a disability or special needs.
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I think the best way to plan for a child that has a disability or a special need there’s two things I think a person needs to do. One, first is obviously, you plan for that persons care. Who is going to be capable and willing to take care of this individual in your absence? Second, from a legal standpoint, you need to look at if there is or going to be future governmental benefits and if there are you should look at what’s called a special needs trust. That will help preserve any assets the child receives through either inheritance or gifting that they can still retain the asset in a trust vehicle and not jeopardize their governmental benefits.