Families enlisting the help of a special needs lawyer in Texas do so because they recognize the importance of planning ahead for their child or other loved one’s future. Unfortunately, a parent or caregiver will not always be around to provide what is needed, and so they turn to the special needs lawyer in order to determine how those needs can be met once they are gone.
Raising a child with a disability is generally much more expensive than raising those with typical abilities. With medical bills, special educational needs, therapy, and more, it can feel like there is just nothing left to save for the future. The caregiver may know that a special needs trust is a good tool for estate planning but worry about how to fund the trust. That is where a good Texas special needs lawyer comes into play.
Funding a Special Needs Trust
In some cases, the funding of the trust is fairly straightforward. The parents’ assets are put into the trust upon his or her death with instructions on how they are to be used. A home may be left to the trust for the child’s needs, or there may be directions to sell the home and use the money for the child’s upkeep. Savings, retirement plans, and other types of funds can also be left to the special needs trust for these purposes.
For a good number of parents and caregivers, there just is not a lot left to tuck away once all the bills have been met. You may be surprised to find out, though, that the situation does not prevent a special needs trust from being created and funded. Special needs lawyers are very adept at working with clients to find alternative ways to do this. For example, there are types of life insurance that can be purchased fairly inexpensively that can be used to fund the trust.
Funding a special needs trust can also be a family or group initiative. With good tax breaks for annual gifts, a few contributors a year can start building an impressive fund for later. By working with a special needs lawyer in Texas, you may also be able to set the trust up in a way that will not interfere with the child’s ability to qualify for government programs and other types of assistance. This would likely not be the case if the parent simply planned to leave assets behind in a will.
Considerations in Planning the Special Needs Trust
It is impossible to know exactly what the future holds for any of us, let alone someone with a disability. The cost of living increases, as does the cost of healthcare…but by how much? Special needs lawyers in Texas can help to make estimations regarding how much money should go into the trust in order to support the child for the remainder of his or her life. Everything from housing to medical equipment to transportation will need to be considered and planned for.
The great news here is that even those who do not have significant funds to contribute to a special needs trust do have options when it comes to planning ahead. A Texas special needs lawyer is the right person to help figure out what those options are.
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