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Posted on Saturday, December 26th, 2015 by Peter Klenk

From our “Ask a Question” mailbag: My adult daughter is a Special Needs Child who has always lived in Burlington County, New Jersey. She will likely always live here and always need care. She is currently eligible for and using Medicaid. When I die, I want to leave her some money, but I don’t want to disqualify her for Medicaid. What can I do?

To address your situation, Congress passed laws allowing you to set up what is called a “Special Needs Trust” for your daughter. You can do this now, while you are alive, or you can set the trust up in your will to be funded with your assets after your death. The trust must follow the rules set up by Congress so the assets “supplement” your daughter’s care but do not “supplant” what government programs provide. When properly drafted, the trust funds can provide your daughter with the extra things that the government program does not provide, but she remains eligible for Medicaid.

If you have any other questions about Special Needs Trusts, feel free to contact our office for a free consultation.

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