Ask Liz Weston

Get smart with your money

special needs trust

Q&A: An inheritance sounds great, but what will it mean for my free meds?

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Dear Liz: I live on Social Security alone, which puts me at the poverty level. The state pays for medical and dental premiums, so I have no copay for doctor visits or prescriptions. I was just notified that I was left $175,000. If this shows up in my bank account, I will lose all the medical benefits I’m receiving. My medications total $80,000 a year. I’d like to at least have some access to the funds to make some home repairs that I’ve needed for 20 years and to prepay my future funeral expenses.

Answer: Inheritances can wreak havoc with government benefits such as Medicaid (called Medi-Cal in California), which have strict income and asset limits. But you may have options to put the money in trust, says Jennifer Sawday, an estate planning attorney in Long Beach. Consult a special needs trust planning attorney for details.

Q&A: The value of a special needs trust

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Dear Liz: You recently answered an inquiry from a lady who was furious about the lack of estate planning provided by her brother-in-law for his disabled daughter. As the father of a special needs child, I read the synopsis hoping that a special needs trust was created and maybe was just not known by the sister-in-law. This would explain why the father had, in essence, disowned his own daughter. I hope you will make an addendum to your answer highlighting this very important tool for others like us to ensure our loved ones are cared for after our passing.

Answer: A special needs trust is an estate planning tool that can help disabled people continue to qualify for government benefits such as Supplemental Security Income and Medicaid. The money can’t be given directly to the disabled person but can be spent on her behalf in a variety of ways such as paying out-of-pocket medical expenses or providing vacations. Anyone thinking of leaving a bequest to a disabled person should be aware that the money could disqualify the recipient from essential resources and consider a special needs trust instead.

If the attorneys were aware of the father’s disabled daughter, as the writer suggested, they most likely would have mentioned the possibility of creating such a trust. The sister-in-law said everything had been left to the surviving spouse, so presumably she had seen a copy of the will or trust. If not, she could ask the attorneys for the document on behalf of the daughter.

Remember, though, that the 29-year-old daughter hadn’t been signed up for disability or medical benefits until the sister-in-law intervened. The young woman had not seen a doctor since her mother died more than a decade earlier. She also was kicked out of her childhood home by the man’s surviving spouse. This does not paint a picture of a caring father who wanted to provide for his daughter.

Q&A: Special needs trust

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Dear Liz: Your suggestions about resources to help a parent with an emotionally ill adult child were very helpful. But from a financial standpoint, don’t you think you should have discussed a special needs trust for the time when the parent dies? Whatever assets she has, most likely her home, should be put in this trust to protect her son’s eligibility for government benefits (Supplemental Security Income and Medicaid, for example). An inheritance could jeopardize his eligibility for these programs. It will be overseen by a responsible party and can never be taken as part of a potential lawsuit. This is something I recommend to my clients as a geriatric social worker.

Answer: Thank you for the suggestion. Given the brevity of this column, it’s impossible to cover all potential angles to every situation. In this case, there was no indication that the son was receiving government benefits or that his mother had sufficient assets to be concerned about an inheritance.

That wouldn’t be unusual. One study for the National Bureau of Economic Research found that 46% of Americans have less than $10,000 in financial assets when they die. Many single-person households (57%) have no home equity.

Still, even a small inheritance can disqualify someone from SSI, and losing access to Medicaid health coverage would be catastrophic for people who depend on the program. So parents who have both an heir who needs these programs and assets that might outlive them should discuss a special needs trust with an estate-planning attorney.