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From: RC Dana (206.80.12.3)
Subject:         Estate planning now - important
Date: September 8, 2008 at 3:48 pm PST

In Reply to: Anyone having to apply for SSI for older teen posted by Anna Bajus on August 4, 2008 at 2:04 pm:

Once your special needs child gets SSI or any federal and/or state support (like Medicaid) you need to get a special trust made that protects your child. If you don't own any property or have no real cash, you might be able to let this go. Maybe.

But, for example, if you own a house where you want your special needs child to be able to live after you die, you need to consider this. Otherwise, it is possible that the house will be sold on your death to pay the things that SSI is supposed to take care of all along.

There are also other similar situations, including guardianship matters.

The rule of thumb is that the govt will first use up any assets that pass to your special needs child when parents/guardians die, unless there is a special trust set up.

Depending on the circumstances, that may well be a catastrophe for your child, so do talk to an experienced probate/estate planning attorney to see about getting the living trust that protects against this.

I'm speaking from years of experience in the field. God bless you.


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