Legal Question in Wills and Trusts in Illinois

I have a special needs child that just became a legal adult in March. The farther has filed for guardianship of his estate. I have financial assets as well as life insurance in my sons name. I also have two older sons. I don't want the farther to have any control of his money while I'm alive or deceased. Can I set up a special needs trust fund and put it in one of my other sons name, so it can be distributed to them if my son dies before I do? Gurnee Ilinois


Asked on 4/09/18, 4:00 pm

1 Answer from Attorneys
Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

What you are looking to do is perfectly acceptable, with a small caveat. Instead of putting the special needs trust into another child's name, you would put it under your special needs child's name and then you can name your other children (or other trusted people) to act as trustee over the trust. That way the father can't control the money. The trustee would make distributions on behalf of the special needs child for the child's needs only when appropriate. I encourage you to speak with an attorney to set up the special needs trust as there are certain legal requirements that must be met.

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Answered on 4/10/18, 9:10 am


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