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Heritage Tree LogoEstate Planning for a Special Needs Loved One in Pennsylvania

Estate Planning for a Special Needs Loved One in Pennsylvania

Many individuals with special needs rely heavily on government benefits. In order to obtain these benefits, you may need to have a certain amount of assets. Sometimes, a friend or family will leave a loved one assets in their will, and subsequently, disqualify their loved ones from their government benefits. In order to avoid this, you should be sure to speak with an experienced estate planning attorney. One solution may be to create a special needs trust. Read on to learn more about special needs trusts in Pennsylvania.

What Special Needs Trusts are Available in Pennsylvania?

The following types of trusts are available in Pennsylvania:

First-Party Special Needs Trusts: These trusts can only be created by a parent, grandparent, or legal guardian, and may only be funded by the beneficiary’s funds. For eligibility, the beneficiary has to be under the age of 65. Notably, these types of trusts are irrevocable. Generally, first-party special needs trusts are created when a beneficiary is to receive or inherit funds through a lawsuit or settlement.

Third-Party Special Needs Trusts: These trusts are created by another person for a beneficiary. Generally, these trusts are funded through life insurance, and they may begin either during a lifetime or at the time of death. Additionally, family members may contribute gifts toward these trusts.

Pooled Account Trusts
A Pooled Trust is established by a non-profit organization for the benefit of a disabled person and his or her family. The non-profit organization pools, manages, and invests the funds and controls payments. This type of account is used to supplement expenses other than basic needs provided for by government benefits.

Hybrid Special Needs Trust

This is used in a situation where the person creating the trust is also the person receiving the funds in the trust and will be receiving government benefits for their support for the remainder of their lives. For more information, reach out to our firm.

If you have any questions or concerns regarding special needs trusts in Pennsylvania, contact our firm today. We are here to walk you through the process each step of the way.

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