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Respected San Bernardino County Attorneys Create Special Needs Trusts to Protect Your Disabled Heirs

A team that knows the laws specific to special needs trusts

If you have disabled children, even if they are now adults, you have difficult decisions to make during the estate planning process. Unfortunately, you won’t be there to care for your children forever, and you must find a way to allow your children to have the necessary financial support and care once you pass away. The Redlands estate planning lawyers at James B. Church, P.C., Attorneys at Law help you establish special needs trusts to provide for your disabled heirs, without risking any public benefits they may receive.

Points to consider when creating a special needs trust

The main reason why you should create a special needs trust is so that your disabled children can maintain access to benefits like Social Security Disability, food stamps and Medi-Cal insurance, even if they receive large sums of money from your estate. This type of trust allows a designated trustee to pay for the disabled individual’s special needs such as special equipment or medical care not covered by other sources.

A Redlands trust administration attorney at James B. Church, P.C., keeps you informed of the requirements for setting up special needs trusts, including:

  • Assigning a trustee. The trustee is usually a family member. This person needs to be knowledgeable about trust law and remain updated on public benefit law to administer the trust effectively.
  • Making the trust irrevocable. A special needs trust should be an irrevocable trust so that no one can attempt to terminate it in the future.
  • Determining the type. There are two types of special needs trusts — first party and third party. The disabled person sets up first-party trusts, while family members typically set up third-party trusts.

A strong legal team to help you protect your assets and loved ones

The last thing you want is to leave disabled children or other family members unable to care for themselves once you are gone. For peace of mind, it’s important to work with knowledgeable trust lawyers who answer all of your questions and help you achieve your goals in the estate planning process.  An experienced trust attorney can help you keep your child’s special needs trust from being depleted by unnecessary court costs and court supervision.

Speak to a San Bernardino attorney today about special needs trusts

If you would like to explore your options for setting up a special needs trust, work with JJames B. Church, P.C., by calling 909-283-0659 or contacting the firm online. The firm’s Redlands office is open Monday through Thursday, 8 a.m. to 5 p.m. and Friday 9 a.m. to 3 p.m., with plenty of free parking onsite.