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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56531
Experience:  Licensed attorney helping individuals and businesses.
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The situation is an elderly woman wants to leave her sizable

Customer Question

the situation is an elderly woman wants to leave her sizable estate to a trust that will see to the needs of her emotionally handicapped offspring..the 'child' has been on ssi for many years but the elderly parent does not like the very liberal fiduciary discretion given to a trustee allowed in a 'special needs trust'. what other options are there that will allow for comfortable living but protect the beneficiary from over-spending. once the elder has passed the beneficiary will no longer need the ssi or Medicaid.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.


Expert:  Infolawyer replied 1 year ago.

special needs trust is the preferred option. Consider also an irrevocable trust which would spell out the role of the trustee and how assets to be used, including level of discretion.