Special Needs Planning

For a family with a member that has special needs, putting  a plan in place for the future is especially important.  You might want to set up a special needs trust to make sure your family member is cared for in the future.  You may also want to make sure that guardianship is in place.  At Klun, we can help you and your family plan for the future.  A special needs family member may need care in the future through a facility or with a caregiver.  We can help set up your estate to protect the special needs family member and ensure there are enough assets in place to care for the special needs family member after your death.

A special needs trust is a trust that is created for assets to be managed for your family member’s benefits when they are not able to manage it themselves.  The person who manages the assets is referred to as the “trustee” and the person receiving benefits from the trust is referred to as the “beneficiary”.  A special needs trust can last for a specified period of time or it can last until the beneficiary passes away.

Most special needs trusts benefit a family member who is disabled, either physically or mentally, because they may not be able to manage their own finances.  At Klun, our Family Law Attorneys can help you create a special needs trust that is customized to your family member’s lifestyle and future needs.  We will help to make sure your family member will not lose government benefits they are entitled to, including Social Security Supplemental Security Income, Medicaid and state of Minnesota benefits.  A special needs trust goes beyond simply leaving assets in a will in a lump sum, which can negatively impact benefits.