Return to Main Site Special Needs/Supplemental Needs
Post By George in Estate Planning - PeoplePeople with “special needs” and those who provide their support face a variety of hurdles, some literal/physical and some bureaucratic. Unfortunately, the field of estate planning, specifically will and trust drafting, is replete with opportunities for the law of unintended consequences to wreak havoc. A common risk is that a gift or legacy could actually harm a recipient by making him/her ineligible or less-eligible for means-tested benefits (such as Medicaid). Often the cure is simply careful drafting that prevents any intended gifts/legacies from interrupting federal/state/local benefits by making such funds available only as a “supplement” in the absolute discretion of a trustee.