Special needs children create special needs situations and they cannot be handled in a simple will or even a simple trust. You need to have an attorney who understands special needs situations with children. And what that means is your estate plans need to include a special needs trust provision. That is a trust that will provide for the special needs child after the testator's death while not interfering with government benefits that that beneficiary might be otherwise entitled to receive.
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Michael L. Cahill is an attorney and certified public accountant providing estate planning, probate and tax services in the St. Petersburg, Seminole, Largo, Clearwater and Florida gulf beach communities.