Legal Question in Wills and Trusts in Massachusetts

Thank you for your question.

Given your age, I would certainly recommend that you put in place the very basics of an estate plan, if you have not already. This would include wills, powers of attorney for property, health care decision making documents, etc. Depending upon your daughter's needs, and your wishes, an ordinary revocable or irrevocable trust may be appropriate, or a special needs trust may be required. A special needs trust has the advantage of protecting assets for a beneficiary while maintaining their eligibility for income-based programs and benefits.

In terms of pricing, and the best fit for your family, I would strongly recommend that you give our office a call. Our estate planning and probate administration attorney, Emily McNeil, can answer any questions you may have about your available options and potential costs. Our number is 617-357-4898. We have an office downtown, and she also makes house calls where appropriate.

Best wishes!

As Mr. Vaughn-Martel stated if you do not have an up to date estate plan you should have that work done as well as a Special Needs Trust for your daughter.

If you are satisfied with your current estate plan and simply want a Special Needs Trust created for your daughter that can be done as well.

The most important issue will be who you select as Trustee for the trust. Please feel free to call me to discuss your needs and what you are trying to accomplish without obligation.

I will be happy to quote a fee once I know the parameters of what you want done and if you have any specific administrative requirements. Please feel free to call me at 617.406.4647.

I also make house calls when appropriate.