Being the parent of a disabled child is a challenging situation in which to find yourself. If you are the parent of a disabled child, one of the most pressing issues you may be facing is how to protect your child’s wellbeing when you are no longer around to care for him or her directly. Estate planning is important for any parent; however, it is especially crucial when your child has a mental or physical disability. A special needs trust is an estate planning tool that can help you ensure that your assets are used for your child’s benefit after your death.

A Last Will and Testament May be Insufficient

If you are like most people, you probably assume that you can simply leave your child funds and property through your will. A last will and testament is a great way to ensure that important family heirlooms are passed to the intended beneficiaries and formalize your last wishes. However, a will alone may be insufficient in some situations. Leaving a lump sum inheritance to heirs is not always the best option. Furthermore, wills must pass through “probate” or the process of legally validating the will before assets can be distributed to heirs. Lastly, a disabled child who receives an inheritance through a will may be ineligible for certain government assistance programs.

How a Special Needs Trust Can Benefit You and Your Child

A special needs trust is a trust used to transfer assets for the benefit of a disabled person. If your child has an intellectual disability or physical handicap that impairs his or her ability to be financially self-supporting, a special needs trust may be right for you.

If you are thinking about setting up an estate plan, you are already ahead of most of the population. While estate planning is a key part of ensuring that assets are bequeathed to the right heirs, many people neglect this crucial process. Two of the most common estate planning tools are testamentary wills and trusts. There are advantages and disadvantages associated with both of these instruments. The type of estate planning tools that you will need depends on your financial and personal goals concerning estate planning.

A Testamentary Will Allows You to Dictate Inheritance Issues

A testamentary will is a document that states how your property should be handed down to heirs. Your will may also contain directions about funeral arrangements. If you have minor children, you can appoint a guardian in your will who is tasked with caring for your children if you and the other parent pass away. Unlike a trust, a will does not take effect until after your death. A will must be authenticated by the court during probate before heirs can receive their inheritance.