Legal Question in Wills and Trusts in Illinois

will or trust?

I have a diabled brother who is currently on SSI. Should I die before him, I want to leave my assets to go toward taking care of him. I have a friend that has agreed to be responsible for his care.

How do I go about formalizing this agreement? In a trust, or would a will be enough? I own a home, a car, and have money in a savings account. Thank you.


Asked on 6/11/08, 5:32 pm

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

Re: will or trust?

Either in your Will, or preferably in a separate trust, you should have a "special needs trust" (aka supplemental needs trust) created for him. Basically, the trustee is given total discretion as to distributions and distributions are to be made only for expenses not covered by public aid, not for things like food and shelter.

Contact an estate planning attorney to explain in further detail and prepare the documents.

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Answered on 6/11/08, 5:36 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: will or trust?

If your brother is disabled, a will or regular trust will not be sufficient. If you are your brother's legal guardian, you need to look into creating a special needs for him to protect any assets you leave him. Please feel free to contact me should you have any questions.

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Answered on 6/11/08, 5:41 pm


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