Legal Question in Wills and Trusts in California
I'm a 52 year old SSA disabled man living in California with Medicare, Medicaid and Subsidized Housing. I've just learned my living father's will includes several thousands of dollars to me. I have been advised by another disabled person that my father's will should place the money in a "Special Needs Trust" in order to continue public assistance. If so, please elaborate. As I have no assets, the money gained is far less than the value of Medicaid and Subsidized Housing hence my needing to preserve these benefits. Also, my father lives in another state, so which state's law would take precedent? Any comments or information is much appreciated.
1 Answer from Attorneys
Your informant is correct that your dad should direct your bequest to a special needs trust for your benefit. He should hire an attorney in the state where he lives to draft the trust, although the "special needs" provisions are primarily governed by federal law.
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