San Diego probate attorneys at the Grossman Law Firm explain the risk a special needs beneficiary might face when inheriting assets.

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2/22/2012
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Special Needs: San Diego Probate Lawyer on Why a Trust Is Better

If you’re the trustee or executor in a California trust administration or probate case with a beneficiary that has special needs, you probably want to take extra care in protecting their best interests. There’s a particular vulnerability special needs beneficiaries face, especially if the decedent has left a significant amount of assets to them in a will.

Many people with disabilities are able to receive financial assistance from the government, such as Medicaid, subsidized housing, or Supplemental Security Income (SSI). Depending on the nature of the disability, a special needs beneficiary may not be able to obtain stable income independently. Government assistance may be essential to his or her quality of life.

Receiving a large sum of money in an inheritance can hurt a disabled beneficiary because it will disqualify them from government assistance, sometimes for years. 

If you have been named as the executor or trustee in a case where one of the beneficiaries has special needs, you may want to discuss setting up a special needs trust that will distribute smaller quantities of assets over time so that the beneficiary will not exceed the maximum income level that qualifies for aid.

If you are executor in a case where a California special needs beneficiary is vulnerable to losing federal aid because of assets left to them in a will, you may want to seek the advice of a San Diego probate attorney

The Grossman Law Firm offers a full range of services to Riverside trustees, executors, and beneficiaries, including trust administration, probate will contests, and trust litigation. Schedule a no-cost, 30-minute consultation with one of our lawyers immediately by calling our offices at 888-443-6590. Use our quick contact form to reach us online.

Also be sure to get your copy of Scott Grossman’s must-read FREE book The Insider’s Guide to California Probate and Trust Administration.


Category: Probate and Trust Administration


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