Legal Question in Wills and Trusts in California
My father is going to need a Special Needs Trust added to his Living Trust for one of his sons who is on Social Security Disability. Question he has is there a specific legal definition when the term "a child" is used? For example is "a child" an offspring of any age (i.e. dad is 100 years old and child is 75) or is there a specific age when "a child" is no longer a child?
Thank you.
2 Answers from Attorneys
The word child refers to a human who is the son or daughter of the person described. Initially a child is a "minor" and then becomes an "adult", but always remains a "child".
You should also meet with an attorney to discuss whether a special needs trust is necessary since the child is receiving Social Security Disability. The child is restricted on how much earned income he can have and still qualify for SSDI. An inheritance is not considered earned income and does not effect SSDI eligibility. If the child is receiving Supplemental Security Income (SSI), then a special needs trust is necessary to preserve those benefits.
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