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Heritage Tree LogoEstate Planning For an Individual With Special Needs in Pennsylvania

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As you know, creating a well-rounded estate plan is one of the most important things anyone can do in their lifetime, and if you have someone with special needs in your family, this notion is all the more true. Estate planning for an individual with special needs can, at times, be quite complex, which is why you should hire an experienced Pennsylvania estate planning attorney who can assess your situation and find the best way forward for you and your family so that you can rest assured your loved one with special needs will be taken care of and provided after your passing. Please continue reading and reach out to our firm to learn more about special needs planning and how we can help you through every step of the legal process ahead. Here are some of the questions you may have:

Should I put my child with special needs in my will?

In most cases, the answer is yes. Though many parents of individuals with special needs are hesitant to put their children in their will out of fear that they will lose the government benefits they need, this is not the case. Our firm can help you create a special needs trust, which will essentially ensure that your child receives your inheritance while continuing to receive the government benefits he or she needs, including Medicaid or SSI. By doing so, your child can continue receiving medical care, dental care, and can continue receiving assistance regarding his or her education, transportation, and more.

What if I know my other child without special needs will care for my child with special needs?

Of course, you can depend on your child to take care of his or her brother/sister. However, there are various technicalities that may crop up that can prevent him or her from doing so. For example, if you do not properly plan your estate, your child may lose control of assets that were supposed to support his or her brother/sister if he or she gets divorced. In many cases, upon divorce, his or her spouse may be entitled to those assets in the equitable distribution process, even if you intended on having those assets go to your child with special needs. Our firm can work to ensure that your estate plan works exclusively to the benefit of you, your child, and your family. All you have to do is give us a call today.


Whether you are dealing with matters involving estate planning, estate administration, or elder law, you need a legal team you can feel confident will represent your best interests, every step of the way. We are that legal team. Contact Heritage Elder Law & Estate Planning today so we can get started.

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