Austin, TX estates planning & probate attorney Kyle Robbins explains what you need to know about special needs planning for your child. He recalls one of the most challenging situations he encounters: when someone passes away leaving a will that bequeaths everything to their children, and it turns out one of the children has special needs and relies on benefits like SSI, disability, or Medicaid—benefits that can be worth thousands of dollars a month. He has to explain that without a special needs trust or proper planning, the child will lose those benefits and will have to spend every dollar of the inheritance before they can regain eligibility.

He emphasizes that if a client comes to him before a loved one passes, he can develop a plan to ensure the inheritance supports the child with special needs without jeopardizing their benefits. It’s an asset protection strategy designed to make sure the wealth and resources are used for the child’s benefit rather than simply reimbursing the government for benefits they receive.