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Attorney2, Attorney
Category: Legal
Satisfied Customers: 7203
Experience:  29 Years In General Practice,
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Both my sons are special needs & recently started receiving

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Both my sons are special needs & recently started receiving SSI. They are 27 & 28yrs old. What kind of changes can my husband & I make to our wills if anything to protect for them what we might have left after we are gone? Since with SSI you can't have more than $2000 how can we protect their inheritance? We are your typical middle class family. It's not like they would get millions, but with less than $400 & a $100 in food stamps a month they could barely survive if they didn't live with us.


Hello and thank you for your question.


Setting up a Special Needs Trust might be the best solution.


Are you familiar with these types of trusts?

This is a link that provides information on these types of trusts. Let me know if this something that you would be interested in havimg prepared.
Customer: replied 4 years ago.
No I am not. I don't know anyone with a trust just your typical ordinary will. What is the difference? My sons will probably be able to live on their own someday if they can get section 8 housing. However, I know if they inherit they could be disqualified from this housing & SSI & they wouldn't inherit enough to take care of them for the rest of their lives. I'm currently 58 & hope to be around for a long time, but no one knows that and We're all scared of what will happen to my sons when we are not here & I don't know what to do.


This is the best trust to set up for them so they can still qualify for SSI and other benefits.


There are pro bono attorney in Illinois that could set one for you if you are interested.

Attorney2 and other Legal Specialists are ready to help you

Thank you.


This is the link for the Illinois State Bar Association attorney referral service.


This is the American Bar Association link


Please do not hesitate to contact me with any additional questions that you may have regarding this matter.