A Family Only Needs One Special Needs Trust

November 6, 2008

Have you set up a Special Needs Trust (SNT) to receive your disabled child’s share of your estate when you die?  Are there other family members who might also want to leave something to your disabled child, for example grandparents or a doting uncle?  Or even non-family members, such as god-parents or very close friends?

If so, be sure to tell them about your trust – there is no need for them to spend time and money asking a lawyer to draft another special needs trust as part of their own estate planning package.  That person’s attorney will simply need to see a copy of your special needs trust and she will reference it in your family member’s will. 

While it may feel awkward, you will save your family time and money by mentioning to them that you have already established a trust for your child and that they can direct inheritances into it rather than drafting separate trusts with their own attorneys.