A special needs trust is drafted to protect the government benefits of individuals with disabilities. The necessity for a special needs trust may arise if a disabled person comes into a lot of money whether that's through inheritance or if they are awarded a large judgment or settlement. The special needs trust holds the disabled person's assets in trust so that they may still qualify for government programs such as Social Security Income or Medi-Cal and Medicaid. In California a special needs trusts usually consists of an irrevocable trust which gives the trustee discretion to supplement whatever support the disabled person receives from government programs. It is crucial to have an experienced California estate litigation attorney draft the special needs trust so that the disabled person still meets the financial criteria for the different government programs, while maintaining their assets in the trust.
For more information about drafting Trusts in California please contact an experienced Los Angeles estate litigation Attorney.