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How do I protect an inheritance for a special needs person?
I'm attorney Amber Jade F. Johnson and you need to protect an inheritance for a special needs person. Whenever we have a special needs beneficiary, our biggest concern is to make sure that when they receive their inheritance, it doesn't disqualify them from any kind of government benefit that they may receive later, such as Medicaid for their health care.
What you do is you set up a special needs trust for that beneficiary and that is a trust that is a sub-trust under your last will and testament and the inheritance goes to that sub-trust. It goes to that special needs trust for their benefit. You name someone that you trust as trustee to be in charge of the special needs trust. That is a person who will manage the money for the special needs person and the trustee can use the assets of the special needs trust for the benefit of that special needs person without disqualifying them from Medicaid.