Estate Planning

Estate Planning for a Special Needs Child (Complete Guide)

Estate Planning for a Special Needs Child (Complete Guide)

Ty McDuffey

Apr 15, 2023

Families who have children with special needs must take extra precautions while preparing their estate plans.

This is true whether their special needs child is still a minor or an adult, and it is especially true if the child is receiving—or will be receiving in the near future—needs-based public benefits such as Supplemental Security Income or Medicaid.

While planning considerations for such a child will differ depending on the child's age, competency, and other family factors, you've come to the right place if you need help with estate planning for a child with special needs.

By developing an estate plan, you provide lifetime money management for your special needs child, secure their eligibility for public benefits, and ensure a pool of resources is available for future use.

You'll undoubtedly want your love, care, and support to outlast you as a parent. But parents must correctly assign their estates to guarantee that the percentage of their estate that transfers to a special needs child is recognized as an available asset by public benefit agencies.

Below are some concrete steps to make that happen for your special-needs child.

What Is the First Step to Take as I Start Estate Planning for a Special Needs Child?

Family working with an advisor in an office

The first step is to choose a special needs planning attorney you can rely on to be your guide. 

That attorney will assist you in creating a special needs trust (SNT) for your child and can also assist you in locating the right life insurance provider. 

A special needs trust is a trust with a trustee that receives money from the parents after they die. The trust will ensure that your child receives the inheritance you want them to receive while not jeopardizing the child's eligibility for public services.

 If your child is unlikely to be self-sufficient as an adult, you should contact a special needs trust attorney.

How Do I Choose a Trustee for a Special Needs Trust?

Choosing your trustee is one of the essential decisions your family will make to ensure the long-term sustainability of your special needs trust. 

Because of the everyday pressures that all families face, someone in your family may regard the funds in the Special Needs Trust as their money rather than your special needs child's money. This can be dangerous, especially if your child's eligibility for public benefits is at stake. 

In most families, choosing an impartial, non-family person to serve as your special needs trustee is a good idea, such as:

  • A parent;

  • A sibling;

  • Your attorney; 

  • A trusted financial institution; 

  • A non-profit organization—particularly one with special needs experience; or 

  • Co-trustees (usually another family member)

The selection of any of these possible trustees has benefits and drawbacks. Before making your trustee selection, consult with your attorney or financial counselor.

What Are the Different Kinds of Special Needs Trusts (SNTs)?

SNTs from Third Parties

Third-party trusts do not require federal regulation. They are established for a disabled/special needs beneficiary with monies from another party through a gratuitous transfer made during the donor's lifetime or at death.

Anyone can create or add to third-party SNTs. A parent typically establishes a third-party SNT to utilize their assets to enhance their child's life while protecting the availability of critical public services.

With third-party SNTs, there are zero concerns about existing Medicaid claims, no age limitations, and no payback clauses to state agencies. 

However, as with a self-settled trust, proceeds should not be delivered straight to the beneficiary. This may limit or eliminate the recipient's eligibility for public benefits. 

It is critical that a third-party special needs trust be correctly designed so that it is solely discretionary and supplemental and does not include Medicaid payback conditions. 

It is also crucial that the assets be disbursed to individuals designated by the trust's donor upon the beneficiary's death. 

Self-Settled SNTs

Self-settled SNTs (sometimes called "1st Party SNTs") have particular authority under federal law.

Self-settled trusts are founded with a disabled person's assets. It is often established in conjunction with the settlement of a personal injury case by the guardian or caretaker or under the supervision and guidance of a court.

The trust has to help the disabled individual exclusively. It must be: 

  • Irrevocable; and

  • For an individual under the age 65

The assets left over in the trust must first be utilized to reimburse any state Medicaid agency that provided benefits to the disabled individual upon the beneficiary's death. 

Furthermore, any previous Medicaid liens have to be addressed even after creating such a trust.

Once these difficulties are resolved, the beneficiary will be eligible for public assistance, and the trust can be utilized for further discretionary assistance.

These trusts are most commonly used when an individual who has suffered traumatic injuries wins compensation as a consequence of a court case. As a result, we won't go into greater detail about these trusts.

How Do I Fund a Special Needs Trust?

Boy with a hearing aid hugging his dad

There are several ways to fund a Special Needs Trust:

  • Cash (which could be a present) (which could be a gift)

  • Property (personal and real) (personal and real)

  • Investments

  • A retirement plan (IRAs, pensions, 401ks)

  • Proceeds from a personal injury settlement

  • Life insurance for life

What Are the Typical Costs Associated with Establishing Special Needs Trusts?

Fees for special needs trusts vary considerably between geographies. Still, because it is such a specialized and highly personalized tool, you might find that it costs more to create.

Be extremely wary if someone offers you a trust for less than $2,000 USD. Cheap, boilerplate special needs trusts are sometimes used to entice naive parents into high-pressure life insurance sales pitches for high-commission, low-quality products.

How Can a Family on a Tight Budget Set Up a Special Needs Trust if They Can't Afford to Hire an Attorney?

Many attorneys accept credit cards or pro-bono cases. Some lawyers may be willing to work with you to set up payment plans.

Do You Need Special Permission to Spend the Money?

The trustee does not require approval from anyone. However, if the trustee spends money in a way that violates the state's SSI or Medicaid guidelines, the beneficiary may lose benefits.

What Are Some Discretionary Distribution Examples?

Having a special needs trust in place can considerably improve the beneficiary's lifestyle while maintaining eligibility for valued and essential public benefits. 

The following is a non-inclusive list of discretionary or supplemental expenses that can be undertaken with an SNT without endangering or losing public benefits:

  • Medical assistance or supplies that are not protected by a government program

  • Household and individual care assistance (friends or sitters, for example).

  • Internet access; television; smartphones, and electronic equipment

  • A vehicle utilized for transportation

  • Living expenses

  • Lessons or classes that are scholarly or recreational in nature.

What Should We Tell Our Relatives to Keep in Mind while Leaving Money to Our Children in their Will?

Informing everyone who may have named your child in their own wills about the special needs trust is a terrific idea. 

That's why your special needs trust should be accessible to all family members in one place instead of scattered in separate documents. Trustworthy can help your whole family access special needs estate planning documents online, so they can include the trust in their estate planning and leave money to the special needs trust.

What Are the Financial Benefits and Drawbacks of Establishing a Special Needs Trust? If We Put Money Into it Today, Will We Be Able to Withdraw it Later if We Need it?

The only advantage to putting money into an SNT while you are still living is that it will be removed from your estate for tax purposes. 

If your trust is revocable and you put money in it, you can take it out, but there is no benefit to doing so. 

If your trust is irrevocable, there is an estate tax benefit to placing money in it, but you can't take it out later.

3 Special Needs Estate Planning Actions You Can Take Right Now as a Parent

Graphic: 3 estate planning steps you can take right now

As a parent, you can prepare for your child's future by following these three steps:

Step 1: Create a dedicated team of family members and specialists with Trustworthy

When you upload your special needs estate planning documents to the cloud through Trustworthy, your attorney, social workers, and financial advisor will be able to access them and get familiar with fiduciary obligations, government benefits, tax regulations, and any particular concerns your family may have.

Step 2: Determine Your Special Needs Estate Planning Requirements

Set short- and long-term estate planning objectives. Determine how much money your loved one will require.

Consider the lifestyle you want for your loved one, the cost, and the resources required to make it a reality.

Create a letter of intent to direct future caregivers and trustees about your desires.

Step 3: Revisit These Steps on an Annual Basis

You should revisit these steps on an annual basis to examine any changes in health or benefit eligibility, financial condition, or any other changes.

What Are the Benefits of Life Insurance for Families Who Have a Special Needs Child?

When it comes to life insurance, it might be a wise investment for families who have a special-needs child.

For example, the death benefit gives income tax-free cash assistance, which might assist your family in maintaining your existing standard of living. 

A policy's cash value can help with current and future expenses associated with parenting a special needs child, and it can grow tax-deferred.

Are There Any Education and Employment Opportunities We Can Take Advantage Of?

Every parent hopes that their child will realize their full potential. This includes getting an education and finding a profession or vocation that they enjoy.

A 529 College Savings Plan allows families to save money for a variety of educational expenses. Please keep in mind that money from this account can be rolled over into an ABLE account.

The funds grow tax-free. Always use funds in a 529 plan for qualified expenses such as tuition, fees, and school supplies to avoid jeopardizing your child's SSI benefits.

The "Ticket to Work" initiative of the Social Security Administration (SSA) allows SSI users to explore free job options. Furthermore, the Plan to Achieve Self-Support (PASS) permits SSI beneficiaries to set aside money to pay job-search expenses.

Is it Possible to Dissolve a Special Needs Trust?

Because special needs trusts are irreversible, they cannot be dissolved. A special needs trust has relatively few provisions for modifying or revising it.

How Can I Form an Estate Planning Team?

We recommend a collaborative approach to estate planning for a child with special needs.

Consult and work with an attorney, financial advisor, care planner, and trust officer. 

It's best to make informed decisions that will keep your child safe for as long as possible with the help of other people through Trustworthy.

Do you have any questions about how a Trustworthy will fit into your life? Find out more about what we have to offer. Start your 14-day free trial to protect your loved ones and property. 

Estate Planning

Estate Planning for a Special Needs Child (Complete Guide)

Estate Planning for a Special Needs Child (Complete Guide)

Ty McDuffey

Apr 15, 2023

Families who have children with special needs must take extra precautions while preparing their estate plans.

This is true whether their special needs child is still a minor or an adult, and it is especially true if the child is receiving—or will be receiving in the near future—needs-based public benefits such as Supplemental Security Income or Medicaid.

While planning considerations for such a child will differ depending on the child's age, competency, and other family factors, you've come to the right place if you need help with estate planning for a child with special needs.

By developing an estate plan, you provide lifetime money management for your special needs child, secure their eligibility for public benefits, and ensure a pool of resources is available for future use.

You'll undoubtedly want your love, care, and support to outlast you as a parent. But parents must correctly assign their estates to guarantee that the percentage of their estate that transfers to a special needs child is recognized as an available asset by public benefit agencies.

Below are some concrete steps to make that happen for your special-needs child.

What Is the First Step to Take as I Start Estate Planning for a Special Needs Child?

Family working with an advisor in an office

The first step is to choose a special needs planning attorney you can rely on to be your guide. 

That attorney will assist you in creating a special needs trust (SNT) for your child and can also assist you in locating the right life insurance provider. 

A special needs trust is a trust with a trustee that receives money from the parents after they die. The trust will ensure that your child receives the inheritance you want them to receive while not jeopardizing the child's eligibility for public services.

 If your child is unlikely to be self-sufficient as an adult, you should contact a special needs trust attorney.

How Do I Choose a Trustee for a Special Needs Trust?

Choosing your trustee is one of the essential decisions your family will make to ensure the long-term sustainability of your special needs trust. 

Because of the everyday pressures that all families face, someone in your family may regard the funds in the Special Needs Trust as their money rather than your special needs child's money. This can be dangerous, especially if your child's eligibility for public benefits is at stake. 

In most families, choosing an impartial, non-family person to serve as your special needs trustee is a good idea, such as:

  • A parent;

  • A sibling;

  • Your attorney; 

  • A trusted financial institution; 

  • A non-profit organization—particularly one with special needs experience; or 

  • Co-trustees (usually another family member)

The selection of any of these possible trustees has benefits and drawbacks. Before making your trustee selection, consult with your attorney or financial counselor.

What Are the Different Kinds of Special Needs Trusts (SNTs)?

SNTs from Third Parties

Third-party trusts do not require federal regulation. They are established for a disabled/special needs beneficiary with monies from another party through a gratuitous transfer made during the donor's lifetime or at death.

Anyone can create or add to third-party SNTs. A parent typically establishes a third-party SNT to utilize their assets to enhance their child's life while protecting the availability of critical public services.

With third-party SNTs, there are zero concerns about existing Medicaid claims, no age limitations, and no payback clauses to state agencies. 

However, as with a self-settled trust, proceeds should not be delivered straight to the beneficiary. This may limit or eliminate the recipient's eligibility for public benefits. 

It is critical that a third-party special needs trust be correctly designed so that it is solely discretionary and supplemental and does not include Medicaid payback conditions. 

It is also crucial that the assets be disbursed to individuals designated by the trust's donor upon the beneficiary's death. 

Self-Settled SNTs

Self-settled SNTs (sometimes called "1st Party SNTs") have particular authority under federal law.

Self-settled trusts are founded with a disabled person's assets. It is often established in conjunction with the settlement of a personal injury case by the guardian or caretaker or under the supervision and guidance of a court.

The trust has to help the disabled individual exclusively. It must be: 

  • Irrevocable; and

  • For an individual under the age 65

The assets left over in the trust must first be utilized to reimburse any state Medicaid agency that provided benefits to the disabled individual upon the beneficiary's death. 

Furthermore, any previous Medicaid liens have to be addressed even after creating such a trust.

Once these difficulties are resolved, the beneficiary will be eligible for public assistance, and the trust can be utilized for further discretionary assistance.

These trusts are most commonly used when an individual who has suffered traumatic injuries wins compensation as a consequence of a court case. As a result, we won't go into greater detail about these trusts.

How Do I Fund a Special Needs Trust?

Boy with a hearing aid hugging his dad

There are several ways to fund a Special Needs Trust:

  • Cash (which could be a present) (which could be a gift)

  • Property (personal and real) (personal and real)

  • Investments

  • A retirement plan (IRAs, pensions, 401ks)

  • Proceeds from a personal injury settlement

  • Life insurance for life

What Are the Typical Costs Associated with Establishing Special Needs Trusts?

Fees for special needs trusts vary considerably between geographies. Still, because it is such a specialized and highly personalized tool, you might find that it costs more to create.

Be extremely wary if someone offers you a trust for less than $2,000 USD. Cheap, boilerplate special needs trusts are sometimes used to entice naive parents into high-pressure life insurance sales pitches for high-commission, low-quality products.

How Can a Family on a Tight Budget Set Up a Special Needs Trust if They Can't Afford to Hire an Attorney?

Many attorneys accept credit cards or pro-bono cases. Some lawyers may be willing to work with you to set up payment plans.

Do You Need Special Permission to Spend the Money?

The trustee does not require approval from anyone. However, if the trustee spends money in a way that violates the state's SSI or Medicaid guidelines, the beneficiary may lose benefits.

What Are Some Discretionary Distribution Examples?

Having a special needs trust in place can considerably improve the beneficiary's lifestyle while maintaining eligibility for valued and essential public benefits. 

The following is a non-inclusive list of discretionary or supplemental expenses that can be undertaken with an SNT without endangering or losing public benefits:

  • Medical assistance or supplies that are not protected by a government program

  • Household and individual care assistance (friends or sitters, for example).

  • Internet access; television; smartphones, and electronic equipment

  • A vehicle utilized for transportation

  • Living expenses

  • Lessons or classes that are scholarly or recreational in nature.

What Should We Tell Our Relatives to Keep in Mind while Leaving Money to Our Children in their Will?

Informing everyone who may have named your child in their own wills about the special needs trust is a terrific idea. 

That's why your special needs trust should be accessible to all family members in one place instead of scattered in separate documents. Trustworthy can help your whole family access special needs estate planning documents online, so they can include the trust in their estate planning and leave money to the special needs trust.

What Are the Financial Benefits and Drawbacks of Establishing a Special Needs Trust? If We Put Money Into it Today, Will We Be Able to Withdraw it Later if We Need it?

The only advantage to putting money into an SNT while you are still living is that it will be removed from your estate for tax purposes. 

If your trust is revocable and you put money in it, you can take it out, but there is no benefit to doing so. 

If your trust is irrevocable, there is an estate tax benefit to placing money in it, but you can't take it out later.

3 Special Needs Estate Planning Actions You Can Take Right Now as a Parent

Graphic: 3 estate planning steps you can take right now

As a parent, you can prepare for your child's future by following these three steps:

Step 1: Create a dedicated team of family members and specialists with Trustworthy

When you upload your special needs estate planning documents to the cloud through Trustworthy, your attorney, social workers, and financial advisor will be able to access them and get familiar with fiduciary obligations, government benefits, tax regulations, and any particular concerns your family may have.

Step 2: Determine Your Special Needs Estate Planning Requirements

Set short- and long-term estate planning objectives. Determine how much money your loved one will require.

Consider the lifestyle you want for your loved one, the cost, and the resources required to make it a reality.

Create a letter of intent to direct future caregivers and trustees about your desires.

Step 3: Revisit These Steps on an Annual Basis

You should revisit these steps on an annual basis to examine any changes in health or benefit eligibility, financial condition, or any other changes.

What Are the Benefits of Life Insurance for Families Who Have a Special Needs Child?

When it comes to life insurance, it might be a wise investment for families who have a special-needs child.

For example, the death benefit gives income tax-free cash assistance, which might assist your family in maintaining your existing standard of living. 

A policy's cash value can help with current and future expenses associated with parenting a special needs child, and it can grow tax-deferred.

Are There Any Education and Employment Opportunities We Can Take Advantage Of?

Every parent hopes that their child will realize their full potential. This includes getting an education and finding a profession or vocation that they enjoy.

A 529 College Savings Plan allows families to save money for a variety of educational expenses. Please keep in mind that money from this account can be rolled over into an ABLE account.

The funds grow tax-free. Always use funds in a 529 plan for qualified expenses such as tuition, fees, and school supplies to avoid jeopardizing your child's SSI benefits.

The "Ticket to Work" initiative of the Social Security Administration (SSA) allows SSI users to explore free job options. Furthermore, the Plan to Achieve Self-Support (PASS) permits SSI beneficiaries to set aside money to pay job-search expenses.

Is it Possible to Dissolve a Special Needs Trust?

Because special needs trusts are irreversible, they cannot be dissolved. A special needs trust has relatively few provisions for modifying or revising it.

How Can I Form an Estate Planning Team?

We recommend a collaborative approach to estate planning for a child with special needs.

Consult and work with an attorney, financial advisor, care planner, and trust officer. 

It's best to make informed decisions that will keep your child safe for as long as possible with the help of other people through Trustworthy.

Do you have any questions about how a Trustworthy will fit into your life? Find out more about what we have to offer. Start your 14-day free trial to protect your loved ones and property. 

Estate Planning

Estate Planning for a Special Needs Child (Complete Guide)

Estate Planning for a Special Needs Child (Complete Guide)

Ty McDuffey

Apr 15, 2023

Families who have children with special needs must take extra precautions while preparing their estate plans.

This is true whether their special needs child is still a minor or an adult, and it is especially true if the child is receiving—or will be receiving in the near future—needs-based public benefits such as Supplemental Security Income or Medicaid.

While planning considerations for such a child will differ depending on the child's age, competency, and other family factors, you've come to the right place if you need help with estate planning for a child with special needs.

By developing an estate plan, you provide lifetime money management for your special needs child, secure their eligibility for public benefits, and ensure a pool of resources is available for future use.

You'll undoubtedly want your love, care, and support to outlast you as a parent. But parents must correctly assign their estates to guarantee that the percentage of their estate that transfers to a special needs child is recognized as an available asset by public benefit agencies.

Below are some concrete steps to make that happen for your special-needs child.

What Is the First Step to Take as I Start Estate Planning for a Special Needs Child?

Family working with an advisor in an office

The first step is to choose a special needs planning attorney you can rely on to be your guide. 

That attorney will assist you in creating a special needs trust (SNT) for your child and can also assist you in locating the right life insurance provider. 

A special needs trust is a trust with a trustee that receives money from the parents after they die. The trust will ensure that your child receives the inheritance you want them to receive while not jeopardizing the child's eligibility for public services.

 If your child is unlikely to be self-sufficient as an adult, you should contact a special needs trust attorney.

How Do I Choose a Trustee for a Special Needs Trust?

Choosing your trustee is one of the essential decisions your family will make to ensure the long-term sustainability of your special needs trust. 

Because of the everyday pressures that all families face, someone in your family may regard the funds in the Special Needs Trust as their money rather than your special needs child's money. This can be dangerous, especially if your child's eligibility for public benefits is at stake. 

In most families, choosing an impartial, non-family person to serve as your special needs trustee is a good idea, such as:

  • A parent;

  • A sibling;

  • Your attorney; 

  • A trusted financial institution; 

  • A non-profit organization—particularly one with special needs experience; or 

  • Co-trustees (usually another family member)

The selection of any of these possible trustees has benefits and drawbacks. Before making your trustee selection, consult with your attorney or financial counselor.

What Are the Different Kinds of Special Needs Trusts (SNTs)?

SNTs from Third Parties

Third-party trusts do not require federal regulation. They are established for a disabled/special needs beneficiary with monies from another party through a gratuitous transfer made during the donor's lifetime or at death.

Anyone can create or add to third-party SNTs. A parent typically establishes a third-party SNT to utilize their assets to enhance their child's life while protecting the availability of critical public services.

With third-party SNTs, there are zero concerns about existing Medicaid claims, no age limitations, and no payback clauses to state agencies. 

However, as with a self-settled trust, proceeds should not be delivered straight to the beneficiary. This may limit or eliminate the recipient's eligibility for public benefits. 

It is critical that a third-party special needs trust be correctly designed so that it is solely discretionary and supplemental and does not include Medicaid payback conditions. 

It is also crucial that the assets be disbursed to individuals designated by the trust's donor upon the beneficiary's death. 

Self-Settled SNTs

Self-settled SNTs (sometimes called "1st Party SNTs") have particular authority under federal law.

Self-settled trusts are founded with a disabled person's assets. It is often established in conjunction with the settlement of a personal injury case by the guardian or caretaker or under the supervision and guidance of a court.

The trust has to help the disabled individual exclusively. It must be: 

  • Irrevocable; and

  • For an individual under the age 65

The assets left over in the trust must first be utilized to reimburse any state Medicaid agency that provided benefits to the disabled individual upon the beneficiary's death. 

Furthermore, any previous Medicaid liens have to be addressed even after creating such a trust.

Once these difficulties are resolved, the beneficiary will be eligible for public assistance, and the trust can be utilized for further discretionary assistance.

These trusts are most commonly used when an individual who has suffered traumatic injuries wins compensation as a consequence of a court case. As a result, we won't go into greater detail about these trusts.

How Do I Fund a Special Needs Trust?

Boy with a hearing aid hugging his dad

There are several ways to fund a Special Needs Trust:

  • Cash (which could be a present) (which could be a gift)

  • Property (personal and real) (personal and real)

  • Investments

  • A retirement plan (IRAs, pensions, 401ks)

  • Proceeds from a personal injury settlement

  • Life insurance for life

What Are the Typical Costs Associated with Establishing Special Needs Trusts?

Fees for special needs trusts vary considerably between geographies. Still, because it is such a specialized and highly personalized tool, you might find that it costs more to create.

Be extremely wary if someone offers you a trust for less than $2,000 USD. Cheap, boilerplate special needs trusts are sometimes used to entice naive parents into high-pressure life insurance sales pitches for high-commission, low-quality products.

How Can a Family on a Tight Budget Set Up a Special Needs Trust if They Can't Afford to Hire an Attorney?

Many attorneys accept credit cards or pro-bono cases. Some lawyers may be willing to work with you to set up payment plans.

Do You Need Special Permission to Spend the Money?

The trustee does not require approval from anyone. However, if the trustee spends money in a way that violates the state's SSI or Medicaid guidelines, the beneficiary may lose benefits.

What Are Some Discretionary Distribution Examples?

Having a special needs trust in place can considerably improve the beneficiary's lifestyle while maintaining eligibility for valued and essential public benefits. 

The following is a non-inclusive list of discretionary or supplemental expenses that can be undertaken with an SNT without endangering or losing public benefits:

  • Medical assistance or supplies that are not protected by a government program

  • Household and individual care assistance (friends or sitters, for example).

  • Internet access; television; smartphones, and electronic equipment

  • A vehicle utilized for transportation

  • Living expenses

  • Lessons or classes that are scholarly or recreational in nature.

What Should We Tell Our Relatives to Keep in Mind while Leaving Money to Our Children in their Will?

Informing everyone who may have named your child in their own wills about the special needs trust is a terrific idea. 

That's why your special needs trust should be accessible to all family members in one place instead of scattered in separate documents. Trustworthy can help your whole family access special needs estate planning documents online, so they can include the trust in their estate planning and leave money to the special needs trust.

What Are the Financial Benefits and Drawbacks of Establishing a Special Needs Trust? If We Put Money Into it Today, Will We Be Able to Withdraw it Later if We Need it?

The only advantage to putting money into an SNT while you are still living is that it will be removed from your estate for tax purposes. 

If your trust is revocable and you put money in it, you can take it out, but there is no benefit to doing so. 

If your trust is irrevocable, there is an estate tax benefit to placing money in it, but you can't take it out later.

3 Special Needs Estate Planning Actions You Can Take Right Now as a Parent

Graphic: 3 estate planning steps you can take right now

As a parent, you can prepare for your child's future by following these three steps:

Step 1: Create a dedicated team of family members and specialists with Trustworthy

When you upload your special needs estate planning documents to the cloud through Trustworthy, your attorney, social workers, and financial advisor will be able to access them and get familiar with fiduciary obligations, government benefits, tax regulations, and any particular concerns your family may have.

Step 2: Determine Your Special Needs Estate Planning Requirements

Set short- and long-term estate planning objectives. Determine how much money your loved one will require.

Consider the lifestyle you want for your loved one, the cost, and the resources required to make it a reality.

Create a letter of intent to direct future caregivers and trustees about your desires.

Step 3: Revisit These Steps on an Annual Basis

You should revisit these steps on an annual basis to examine any changes in health or benefit eligibility, financial condition, or any other changes.

What Are the Benefits of Life Insurance for Families Who Have a Special Needs Child?

When it comes to life insurance, it might be a wise investment for families who have a special-needs child.

For example, the death benefit gives income tax-free cash assistance, which might assist your family in maintaining your existing standard of living. 

A policy's cash value can help with current and future expenses associated with parenting a special needs child, and it can grow tax-deferred.

Are There Any Education and Employment Opportunities We Can Take Advantage Of?

Every parent hopes that their child will realize their full potential. This includes getting an education and finding a profession or vocation that they enjoy.

A 529 College Savings Plan allows families to save money for a variety of educational expenses. Please keep in mind that money from this account can be rolled over into an ABLE account.

The funds grow tax-free. Always use funds in a 529 plan for qualified expenses such as tuition, fees, and school supplies to avoid jeopardizing your child's SSI benefits.

The "Ticket to Work" initiative of the Social Security Administration (SSA) allows SSI users to explore free job options. Furthermore, the Plan to Achieve Self-Support (PASS) permits SSI beneficiaries to set aside money to pay job-search expenses.

Is it Possible to Dissolve a Special Needs Trust?

Because special needs trusts are irreversible, they cannot be dissolved. A special needs trust has relatively few provisions for modifying or revising it.

How Can I Form an Estate Planning Team?

We recommend a collaborative approach to estate planning for a child with special needs.

Consult and work with an attorney, financial advisor, care planner, and trust officer. 

It's best to make informed decisions that will keep your child safe for as long as possible with the help of other people through Trustworthy.

Do you have any questions about how a Trustworthy will fit into your life? Find out more about what we have to offer. Start your 14-day free trial to protect your loved ones and property. 

Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

No credit card required.

Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

No credit card required.

Try Trustworthy today.

Try the Family Operating System® for yourself. You (and your family) will love it.

No credit card required.

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funding hospice care in nursing homes
funding hospice care in nursing homes

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who can legally witness an advance directive
who can legally witness an advance directive
who can legally witness an advance directive

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exploring hospice care
exploring hospice care
exploring hospice care

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respite care in hospice
respite care in hospice
respite care in hospice

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different types of advance directives
different types of advance directives
different types of advance directives

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deciding on hospice care
deciding on hospice care

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hospice care duration
hospice care duration

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hospice care timeline
hospice care timeline
hospice care timeline

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doctor-ordered hospice care
doctor-ordered hospice care
doctor-ordered hospice care

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funeral planning timeline
funeral planning timeline

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writing a heartfelt obituary for your husband
writing a heartfelt obituary for your husband
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planning your funeral
planning your funeral
planning your funeral

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crafting a loving obituary for your son
crafting a loving obituary for your son

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improving communication between caregivers and doctors
improving communication between caregivers and doctors

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copy of a death certificate
copy of a death certificate
copy of a death certificate

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original death certificate vs. certified copy
original death certificate vs. certified copy

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handle negative aspects of the deceased's life in a eulogy
handle negative aspects of the deceased's life in a eulogy
handle negative aspects of the deceased's life in a eulogy

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more then one eulogy at a funeral
more then one eulogy at a funeral

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parent retirement pension
parent retirement pension

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death certificate copies
death certificate copies
death certificate copies

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can a eulogy be funny
can a eulogy be funny

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receive inheritance money without any issues
receive inheritance money without any issues
receive inheritance money without any issues

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tax refund of a deceased person
tax refund of a deceased person

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how to start a eulogy
how to start a eulogy

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son talking to elder parents seriously
son talking to elder parents seriously

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how to cancel a deceased person's subscriptions
how to cancel a deceased person's subscriptions

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what should you not put in a eulogy
what should you not put in a eulogy
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how are estates distributed if there's no will
how are estates distributed if there's no will

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microsoft word obituary template
microsoft word obituary template

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how to post an obituary on facebook
how to post an obituary on facebook

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death certificate for estate & probate process
death certificate for estate & probate process
death certificate for estate & probate process

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correct errors on a death certificate
correct errors on a death certificate

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steps for writing a eulogy for mom
steps for writing a eulogy for mom
steps for writing a eulogy for mom

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steps for writing a eulogy for dad
steps for writing a eulogy for dad

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who does the obituary when someone dies
who does the obituary when someone dies

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Who Does The Obituary When Someone Dies?

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how-much-does-obituary-cost
how-much-does-obituary-cost

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reasons you need an obituary
reasons you need an obituary

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where do you post an obituary
where do you post an obituary
where do you post an obituary

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obituary vs death note
obituary vs death note

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buying a house with elderly parent
buying a house with elderly parent

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trapped caring for elderly parents
trapped caring for elderly parents
trapped caring for elderly parents

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401k and minors
401k and minors

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How-to-Self-Direct-Your-401k
How-to-Self-Direct-Your-401k

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grandparents
grandparents

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Estate Planning For Blended Families (Complete Guide)
Estate Planning For Blended Families (Complete Guide)

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Estate Planning For Physicians (Complete Guide)
Estate Planning For Physicians (Complete Guide)

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are you legally responsible for your elderly parents
are you legally responsible for your elderly parents
are you legally responsible for your elderly parents

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Multi-generational family walking through a field
Multi-generational family walking through a field

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Retirement center
Retirement center
Retirement center

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Elderly parents with son
Elderly parents with son

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Daughter helping her mom review paperwork
Daughter helping her mom review paperwork

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Elderly parents signing documents
Elderly parents signing documents
Elderly parents signing documents

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A couple looking at their computer
A couple looking at their computer

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Helping elderly parents - the complete guide
Helping elderly parents - the complete guide

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Family seated on sofa having a discussion
Family seated on sofa having a discussion

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Person signing a document
Person signing a document

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Son on father's shoulders
Son on father's shoulders

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A couple looking at a document with a calculator
A couple looking at a document with a calculator

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Paper shredding
Paper shredding

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Can I Change My Power of Attorney Without A Lawyer?
Can I Change My Power of Attorney Without A Lawyer?

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Can You Have Two Power of Attorneys? (A Lawyer Answers)
Can You Have Two Power of Attorneys? (A Lawyer Answers)

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Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Do Attorneys Keep Copies Of a Will? (4 Things To Know)

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Do Attorneys Keep Copies Of a Will? (4 Things To Know)

Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)

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Estate Planning for a Special Needs Child (Complete Guide)

Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)

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Estate Planning For Childless Couples (Complete Guide)

Estate Planning For Elderly Parents
Estate Planning For Elderly Parents
Estate Planning For Elderly Parents

Apr 15, 2023

Estate Planning For Elderly Parents (Complete Guide)

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Woman talking with an advisor in a house
Woman talking with an advisor in a house

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Estate Planning For Irresponsible Children (Complete Guide)
Estate Planning For Irresponsible Children (Complete Guide)

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Estate Planning For Irresponsible Children (Complete Guide)

How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?

Apr 15, 2023

How To Get Power of Attorney For Parent With Dementia?

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I Lost My Power of Attorney Papers, Now What?
I Lost My Power of Attorney Papers, Now What?

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I Lost My Power of Attorney Papers, Now What?

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White house
White house

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Is It Wrong To Move Away From Elderly Parents? My Advice
Is It Wrong To Move Away From Elderly Parents? My Advice

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Moving An Elderly Parent Into Your Home: What To Know
Moving An Elderly Parent Into Your Home: What To Know

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Moving An Elderly Parent to Another State: What To Know
Moving An Elderly Parent to Another State: What To Know

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What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers

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What If Witnesses To A Will Cannot Be Found? A Lawyer Answers

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A couple reviewing documents and signing them
A couple reviewing documents and signing them

Apr 15, 2023

What To Bring To Estate Planning Meeting (Checklist)

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A couple in a meeting with a professional
A couple in a meeting with a professional

Apr 15, 2023

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Which Sibling Should Take Care of Elderly Parents?
Which Sibling Should Take Care of Elderly Parents?

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Which Sibling Should Take Care of Elderly Parents?

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Who Can Override A Power of Attorney? (A Lawyer Answers)
Who Can Override A Power of Attorney? (A Lawyer Answers)

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Who Can Override A Power of Attorney? (A Lawyer Answers)

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Can Power of Attorney Sell Property Before Death?
Can Power of Attorney Sell Property Before Death?

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Can Power of Attorney Sell Property Before Death?

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Person at a coffee shop using their laptop with a credit card in hand
Person at a coffee shop using their laptop with a credit card in hand

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Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)

Elderly parents working with a professional
Elderly parents working with a professional
Elderly parents working with a professional

Apr 15, 2023

Complete List of Things To Do For Elderly Parents (Checklist)

Reviewing paperwork with lawyer
Reviewing paperwork with lawyer
Reviewing paperwork with lawyer

Apr 15, 2023

How To Get Power of Attorney For A Deceased Person?

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How To Help Elderly Parents From A Distance? 7 Tips

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Woman talking with her parents
Woman talking with her parents

Apr 15, 2023

Legal Documents For Elderly Parents: Checklist

House
House
House

Apr 15, 2023

Selling Elderly Parents Home: How To Do It + Mistakes To Avoid

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Elderly woman who looks like she has a headache
Elderly woman who looks like she has a headache

Apr 15, 2023

What To Do When A Sibling Is Manipulating Elderly Parents

Two men reviewing paperwork
Two men reviewing paperwork
Two men reviewing paperwork

Apr 6, 2023

Can An Out of State Attorney Write My Will? (A Lawyer Answers)

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People working at a computer, working on a stack of bills
People working at a computer, working on a stack of bills

Mar 15, 2023

Settling an Estate: A Step-by-Step Guide

Check on the table
Check on the table
Check on the table

Feb 10, 2023

My Deceased Husband Received A Check In The Mail (4 Steps To Take)

The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney

Feb 7, 2023

The Benefits of Working With an Experienced Estate Planning Attorney

How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)

Feb 6, 2023

How To Track Elderly Parents' Phone (2 Options)

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Someone filling out a social security benefits application form
Someone filling out a social security benefits application form

Feb 1, 2023

Can You Collect Your Parents' Social Security When They Die?

Veteran Benefits book
Veteran Benefits book
Veteran Benefits book

Feb 1, 2023

How Do I Stop VA Benefits When Someone Dies (Simple Guide)

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Person typing on a laptop with a credit card in hand
Person typing on a laptop with a credit card in hand

Feb 1, 2023

Can You Pay Money Into A Deceased Person's Bank Account?

Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)

Feb 1, 2023

Deleting A Facebook Account When Someone Dies (Step by Step)

Two people sitting across a desk speaking to each other with papers on desk.
Two people sitting across a desk speaking to each other with papers on desk.
Two people sitting across a desk speaking to each other with papers on desk.

Feb 1, 2023

Does The DMV Know When Someone Dies?

Gavel
Gavel
Gavel

Feb 1, 2023

How To Find A Deceased Person's Lawyer (5 Ways)

How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)

Feb 1, 2023

How To Plan A Celebration Of Life (10 Steps With Examples)

How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide

Feb 1, 2023

How To Stop Mail Of A Deceased Person? A Simple Guide

Social security card, 1040 form
Social security card, 1040 form
Social security card, 1040 form

Feb 1, 2023

How to Stop Social Security Direct Deposit After Death

Firearm
Firearm
Firearm

Feb 1, 2023

How To Transfer Firearms From A Deceased Person (3 Steps)

How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)

Feb 1, 2023

How To Write An Obituary (5 Steps With Examples)

Unlock iPhone When Someone Dies (5 Things To Try)
Unlock iPhone When Someone Dies (5 Things To Try)
Unlock iPhone When Someone Dies (5 Things To Try)

Feb 1, 2023

Unlock iPhone When Someone Dies (5 Things To Try)

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Close-up of a tire on silver car on a road
Close-up of a tire on silver car on a road

Feb 1, 2023

What Happens To A Leased Vehicle When Someone Dies?

Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know

Jan 31, 2023

Do Wills Expire? 6 Things To Know

Person typing on a laptop
Person typing on a laptop
Person typing on a laptop

Jan 31, 2023

How To Get Into a Deceased Person's Computer (Microsoft & Apple)

Fingerprint documentation
Fingerprint documentation
Fingerprint documentation

Jan 31, 2023

Why Do Funeral Homes Take Fingerprints of the Deceased?

Foreclosure in front of a home
Foreclosure in front of a home
Foreclosure in front of a home

Jan 31, 2023

What To Do If Your Deceased Parents' Home Is In Foreclosure

Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)

Jan 31, 2023

Questions To Ask An Estate Attorney After Death (Checklist)

Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer
Woman looking stressed while holding a document at her computer

Jan 31, 2023

What Happens If a Deceased Individual Owes Taxes?

Elderly people talking with professional
Elderly people talking with professional
Elderly people talking with professional

Jan 31, 2023

Components of Estate Planning: 6 Things To Consider

What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person

Jan 22, 2023

What To Do If Insurance Check Is Made Out To A Deceased Person

Scattered photograph negatives
Scattered photograph negatives
Scattered photograph negatives

Jan 8, 2023

What Does a Typical Estate Plan Include?

Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)

Apr 15, 2022

Can I Do A Video Will? (Is It Legitimate & What To Consider)

Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)

Apr 15, 2022

Estate Planning For Green Card Holders (Complete Guide)

Chair in a bedroom
Chair in a bedroom
Chair in a bedroom

Mar 2, 2022

What Does Your “Property” Mean?

Gavel
Gavel
Gavel

Mar 2, 2022

What is the Uniform Trust Code? What is the Uniform Probate Code?

Female statue balancing scales
Female statue balancing scales
Female statue balancing scales

Mar 2, 2022

Do You Need to Avoid Probate?

Person signing document
Person signing document
Person signing document

Mar 2, 2022

How is a Trust Created?

stethoscope
stethoscope
stethoscope

Mar 2, 2022

What Are Advance Directives?

Couple standing on the beach
Couple standing on the beach
Couple standing on the beach

Mar 2, 2022

What does a Trustee Do?

Large house exterior
Large house exterior
Large house exterior

Mar 2, 2022

What is an Estate Plan? (And why you need one)

Gavel
Gavel
Gavel

Mar 2, 2022

What is Probate?

United States Map
United States Map
United States Map

Mar 2, 2022

What Is Your Domicile & Why It Matters

Man organizing paperwork
Man organizing paperwork
Man organizing paperwork

Mar 2, 2022

What Is a Power of Attorney for Finances?

A baby and toddler lying on a bed
A baby and toddler lying on a bed
A baby and toddler lying on a bed

Mar 1, 2022

Should your family consider an umbrella insurance policy?

Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks
Woman typing on laptop on a table with tea, plant, notebooks

Mar 1, 2022

Do I need a digital power of attorney?

Person signing documents
Person signing documents
Person signing documents

Apr 6, 2020

What Exactly is a Trust?