Sep 10, 2016
by estate planning attorney Rick Law. Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL. LEL is a multi-generation law firm.
In our last installment, we talked about what to do when someone recommends disinheriting your beloved child with a disability. At Law Elder Law, we do not recommend this practice – because we believe in doing things a better way!
Disinheriting the child means that you make sure that you do not leave any money to the child directly. This is part of an overly-simplistic idea that one should just leave extra money to one of the other children to provide care for the disabled child. I’ve seen too many times that this rarely works, even in the best of situations and in the best of families.
Another consideration is Medicaid. If and when a senior citizen parent needs to apply for Medicaid, disinheriting becomes a disastrous idea! It is wrong for both the senior who needs to apply for Medicaid, and it would be wrong for accomplishing the goals of providing a lifetime of love and protection for the vulnerable adult child.
Instead, an elder law attorney like me can use special tools to help you care for your child the way you would care for them… which means more than just making sure they are fed and clothed.
A wonderful option is the creation of a Special Needs Trust (SNT). This is an irrevocable trust, specially designed for the benefit of the child with a disability. Amazingly, there is no penalty for a transfer of assets from a Medicaid applicant to a special needs trust for their legally disabled child or grandchild.
In my next blog post, we’ll talk more about the specific benefits of a SNT, and why it may be a good fit for you and your family. It’s more than meets the eye, and can provide more than just basic food and shelter.
Too many families needlessly lose everything they have. Don’t let that be you. If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now, because when you’re out of money, you’re out of options!
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!
“We would be lost without Law Elder Law! We walked in their doors over a year ago feeling lost and confused. With a father/father-in-law suffering from Alzheimer’s, we were overwhelmed by the Medicaid process, selling his home, protecting the assets he worked for his entire life, and finding him a memory-care facility that we could trust as his new home.
Law Elder Law helped with all of it! From the minute we walked out of our first meeting, we knew we (and he) were in good hands. We could not have possibly navigated all that had to be done without their expertise.”
A.M., Client of Law Hesselbaum and Law Elder Law