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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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What happens if special needs trust and married. Does he have the right to name his wi

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What happens if special needs trust and
married. Does he have the right to name his wife a benieficial after the trustee has died. Does my wife get put out in the street if I die
Welcome! Thank you for your question.

If you die then you are correct that the assets in the trust will all pass to your daughters as the trust states. If the trust owns your home then you wife will be removed from the home upon your death. Your daughters could allow your wife to live in the home if they are over 35 and the assets would pass to them outright. This would be purely voluntary of course.

The only way this issue is corrected is for either the home to be owned outside the trust or for you or for your mother to make your wife a beneficiary of your trust.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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