Legal Question in Wills and Trusts in California
I am on ssi. Both my parents died I have received some money but the will is still in probate. I need a third party special needs trust.
2 Answers from Attorneys
Sorry about the loss of your parents. You definately need a Special Needs Trust; however, unless the Will specifies that the money is to go into a 3rd party Special Needs Trust it may technically end up as a 1st party SNT. Either way you can protect your SSI. The only difference being that if there is money in the trust when you die it may have to be used to re-pay Medi-Cal or Social Security. I am a member of the Academy of Special Needs Planners and could assist you with this situation. Please feel free to contact me.
I am likewise sorry about the loss of your parents. You should talk to a lawyer ASAP about your situation. As SNTs are a special area of the law, you should make sure that you go to someone who is an expert in that area and that you check them out very carefully before hiring them.