Legal Question in Wills and Trusts in Louisiana

beneficiairies

my husband has a 26 year old daughter who is handicapped. he is retired navy. we agreed that she will get his retirement ck every month once he has passed. However, his retirement money he presently gets before and after our marriage stays in a savings account. Does she have any rights to this or any other savings, stocks, bonds, home, etc because of her disability? I am either the joint owner or beneficary on everything else.


Asked on 5/15/07, 4:48 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: beneficiairies

I strongly suggest you contact an attorney certified in estate planning. This is a complex matter with its own special rules.

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Answered on 5/15/07, 7:19 pm
James Maguire James G. Maguire, Attorney At Law

Re: beneficiairies

This is a complex situation because of your husband's daughter's disability, which may mean that she would be a forced heir.

The usual solution is to draft a will in which the daughter is the beneficiary of what is called a special needs trust. It is designed to prevent the daughter from losing benefits she may have if she inherits assets.

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Answered on 5/15/07, 7:45 pm


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