Legal Question in Wills and Trusts in Colorado
Trust for Disabled Heir
My mom would like to draw up a trust that stipulates that upon her death, her son, who is disabled, will receive a certain amount of money each month through a trust, to be used only for his medical needs; but upon HIS death, his surviving spouse will NOT continue to receive the trust money, and the remainder of the trust money is to then be divided between her remaining biological children. How does that need to be worded?
2 Answers from Attorneys
Re: Trust for Disabled Heir
A trust like this is very technical and the wording can mean the difference in whether the beneficiary can qualify for badly needed public benefits, such as SSI and Medicaid. This is something that you should discuss with a qualified elder law attorney. Please do not attempt to draft such a trust yourself!
Re: Trust for Disabled Heir
Your Mother is advised to seek the counsel of an experienced trust attorney in her area to assist her in accomplishing her estate planning goals.
Under no circumstances should she attempt to proceed with advice over the internet or to attempt to draft a trust herself.
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