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Many people want a part
of their estate to be set aside to help someone with special needs. If
this is not done correctly, it can hurt, rather than help, the intended
beneficiary. If the
intended beneficiary is receiving, or is likely to receive, governmental
assistance, the receipt of an inheritance may disqualify them from
further assistance until (1) they have repaid all of the assistance they
have already received, (2) they expend all the remaining funds on their
own care, and (3) they re-apply and are accepted again.
A Will can include a Special Needs Trust for such beneficiaries which
allows the setting aside of assets for such an individual without
disqualifying them from governmental assistance. A Special Needs Trust
cannot be used for the basic necessities, but can be used to provide
extras such as additional medical and dental services, clothing,
educational opportunities, travel and vacation opportunities, and the
other extras in life.
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