Some parents choose to avoid the complication of a trust by leaving their estates to one or more of their healthy children, relying on them to use the funds for the benefit of their disabled siblings. This is not a solution that will protect your child because it creates great risks to the security of the funds transferred.
In addition, this can create a burden for the child or children holding these "morally obligated" funds. Can he or she spend them on herself and her family? If so, how much is belongs to each? This approach can also create rifts among the other siblings, as some may spend the funds for their own needs and some for their brother or sister.
Except in the case of a very small estate, the share of your estate going to your child with special needs should be placed in a trust for his benefit.Article Last Modified: 07/11/2006
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