July 27, 2016

There are several different mistakes you can avoid when setting up future plans for your disabled child. An individual with special needs will have concerns that will continue for years after you pass away and planning ahead significantly can ease your own fears about this individual’s future. What follows are some of the most common mistakes that are easily avoided by working with a New jersey special needs planning attorney.

• Choosing the wrong trustee. A special needs trust is always very complex, so it is important to work with someone who understands these needs. It can be a mistake to choose a close friend or a family member to serve in this role because family members and friends are unlikely to be experts on these kinds of trusts. You might choose to have an attorney serve in this role instead.
• Failing to maintain or properly fund the plan. It is essential that sufficient assets be available for an individual throughout his or her lifetime when special needs are a concern. Life insurance may be the appropriate vehicle for this purpose.
• Relying on siblings to pay the way for a special needs brother or sister. You should not count on your children using their own inheritances or assets to provide for a special needs sibling. This is a risky long-term strategy, especially in the event that one of these siblings develops financial problems and is no longer able to support their sibling with special needs.
• Creating a special needs trust inside a will rather than using a revocable living trust.

Special needs planning can be very complex which is why you need to consult with a New Jersey estate planning attorney who understands all of the issues at play and can advise you about potential next steps. Keeping this estate plan updated as well is important for planning ahead for your loved one’s future.