Legal Question in Wills and Trusts in Missouri

leaving a trust fund for a handicapped child

I want to be able to leave a portion of my insurance and money I have for retirement upon my death to my grandson. He was born with a disability and is receiving SSI and do not want to prevent him from getting what he is at this time. I want it to be available to him when he reaches the age of 21 or older. I am afraid to leave it to his mom (my daughter) as am sure that it would be wasted away in no time but do want to make sure that he is taken care of should I pass away. How can I do this to make sure that he is taken care of once I am gone?


Asked on 6/03/05, 3:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: leaving a trust fund for a handicapped child

There are many ways to do what you want. The easiest is to take out a life insurance policy on yourself with your disabled grandson as the beneficiary. If you do not believe he is capable of handling it himself, your caould establish a Trust for him, that only has teh insurance proceeds in it.

You could try to alter one of your existing policies to name your grandson (or his trust) as one of the beneficiaries. This may be simpler.

To decide what is best, you need to answer afew questions. How old is he now? What are his disabilities? What disability services and from what sources, is he now getting? If not your daughter, whom do you trust to handle his funds?

Without more information, it will be impossible for soemone to adequately advise you.

If you have an insurance agent you trust, they should be able to set up an insurance trust for you. If your have a banker you trust, they could set up a Transfer on Death account for you. Or you could find an attorney in your area, and they could guide you through the whole process.

Good Luck,

Tony Smith

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Answered on 6/03/05, 5:53 pm


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