Why a Will Is Not Enough for Your Special Needs Child
- Ashley Sharek
- Jul 3
- 3 min read
If you have a child with special needs, your estate plan must be more than just a basic will. Leaving money directly to your child through a will or having no will at all can create serious problems. It may unintentionally disqualify them from important government assistance programs such as Supplemental Security Income and Medicaid.
Fortunately, there is a better way to plan for their future. A Supplemental Needs Trust allows your child to benefit from their inheritance without losing access to essential support services. It is a loving and responsible way to provide long-term care and financial protection.
The Risk of Leaving Money Directly to a Special Needs Child
Many families believe that leaving assets directly to a child with special needs shows trust and love. However, doing so can disqualify the child from means-tested government programs. These programs often have strict income and asset limits. Inheriting money or property outright can push the child over those limits.
Once benefits are lost, it can be difficult and time-consuming to requalify. Your good intentions could unintentionally cause more harm than good.
What Is a Supplemental Needs Trust
A Supplemental Needs Trust, sometimes called a Special Needs Trust, is a legal arrangement that holds and manages money for the benefit of a person with disabilities.
The trust is designed so that the assets do not count against government benefit limits. The trust pays for things that government programs do not cover. This may include personal care attendants, out-of-pocket medical expenses, education, entertainment, or travel. It allows your child to maintain their quality of life while staying eligible for public assistance.
Why a Will Alone Is Not Enough
A will simply directs how your assets should be distributed after your death. It does not offer protection if the beneficiary cannot manage the inheritance or if the gift may interfere with their government support.
A Supplemental Needs Trust works alongside your estate plan to manage the funds responsibly. It ensures that money is used in the best interests of your child without disrupting their access to programs that provide medical care, housing, or food assistance.
Key Benefits of a Supplemental Needs Trust
Protects eligibility for Supplemental Security Income, Medicaid, and other services
Provides funds for extra care, enrichment, and quality of life
Appoints a trusted person as the trustee to manage the money
Offers peace of mind that your child will be supported long-term
The Importance of Planning Ahead
It is never too early to put a plan in place for your child’s future. Even if they are young or you believe they may become more independent later, a trust can offer flexibility and protection as circumstances change.
Having a plan in place now ensures that decisions will not be left to chance. It also prevents court involvement or family conflict during already difficult times.
Let Us Help You Protect What Matters Most
Your child’s future deserves thoughtful and informed planning. At Entrusted Legacy Law, we help families create personalized estate plans that support their children without risking essential services.
We understand how emotional and complex this planning can be. Our heart-centered approach means you will never feel rushed or confused. We are here to educate, support, and walk with you every step of the way.
Schedule Your Free Consultation
You do not need to navigate this alone. Schedule your free consultation with our caring legal team today and take the first step toward protecting your child and your legacy.
