Legal Question in Wills and Trusts in North Carolina

I have Cerebral Palsy . I am 39 years old, and I receive Social Security payments based on my deceased father's earnings record. Because it is an amount slightly larger than the average amount paid (because my father worked hard all of his life), it prevents me from falling under the income limits for many government assistance programs.

My fiance' and I would like to set up a Special Needs Trust for myself. How would we go about that? If we set up a trust while we live in NC, will that trust remain legal and binding if we move to New York?


Asked on 7/08/10, 7:29 am

1 Answer from Attorneys
Rachel Hunter

Yes. This is not one of those areas which you should do it yourself to save a few bucks. Special needs trusts need to be carefully drafted to ensure the right language is in there.

Trusts can cost on average $1000 or more. I suggest that you see an attorney who specializes in these kinds of trusts and estate planning, as I do not know how the trust will be funded or what assets your fiance has.

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Answered on 7/08/10, 12:37 pm


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