How to Safely Leave the Parent of a Special Needs Child an Inheritance?

Q. How do you do estate planning to safely leave the deemed parent of a disabled minor an inheritance?

A. The answer may change depending on state law.

In general, you may be able to leave it to them in a fully discretionary spendthrift trust. This is a type of trust from which the deemed parent would have no right to force distributions for their own support or maintenance. It must also not be controlled by the deemed parent at all and be irrevocable.

Thanks, Richard


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