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Trust Protects Child and Shields Inheritance from Ex-Spouse

May 2, 2021
1’ read
Estate Planning & Elder Law
Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

A divorced mother approached us with a complex estate planning challenge. She needed to protect her special needs child's future while safeguarding her assets from her ex-spouse.

Her primary concern was maintaining her child's crucial government benefits after inheriting. Our Estate Planning Team recognized the delicate balance required in this situation. We proposed a Special Needs Trust as the optimal solution to address all her concerns. This trust allows the child to inherit without losing access to essential government assistance.

We carefully structured the trust to ensure all distributions comply with benefit eligibility rules. A designated trustee will oversee the trust, making appropriate disbursements for the child's care. Importantly, the trust also acts as a barrier, preventing the ex-spouse from accessing any assets.

This comprehensive approach provided our client peace of mind about her child's future care.