Legal Question in Wills and Trusts in Illinois

Setting up a trust?

My brother is on full disability benefits since he is partially blind and disabled. He lives with me since he is unable to work. I am concerned for his well being should I die before him. (We are both approaching 60.)

I own a home, have some savings, and have a few life insurance policies. I would leave everything to him, but my concern is that he is can't handle financial matters by himself. We have a some distant relatives in other parts of the country, but other than that it is just me and him.

I have a neighbor I trust who would help him out should I die, but my question is what would be the best way to ensure the money I leave him goes for his care? Leave all of it to a trust fund?


Asked on 9/29/08, 4:43 pm

2 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Setting up a trust?

Yes, you should create a special needs trust for his benefit to be funded at your death if he survives you. If you leave him property directly and he is receiving any means-tested benefits, he will lose them or he will lose the inheritance. If you leave it to a trust with your neighbor as trustee, then the trustee can just use the funds for things not covered by his benefits.

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Answered on 9/29/08, 4:48 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: Setting up a trust?

You need to form a special needs trust; a regular trust will not protect his assets if he is getting disability benefits.

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Answered on 9/29/08, 4:53 pm


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