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Case Study: Special Needs Estate Planning

Published: July 22, 2021

In “blended families,” children from a prior relationship live and are often being raised by a newly married couple, and sometimes with the children of that couple as well. Although this situation can be very beneficial for all of the family members and can create a positive and nurturing environment, this type of family structure poses challenges in terms of estate planning. When our client Megan reached out to us, she had recently lost her husband of 45 years. While she received all of her husband’s assets upon his death, she wanted to be sure that all of her children were taken care of after she passed. Megan and her husband had three children of their own, while Megan also had a daughter, Samantha, from a previous relationship.

Samantha was born with cognitive and physical disabilities and was an SSI and Medicaid recipient. Because of Samantha’s special needs status, Megan was curious what her options would be if she wanted to bequest assets to her separate from her other children. We walked through the Special Needs Planning options that she could utilize and discussed the pros and cons of the various plans. With each individual case being unique, with different needs and levels of care required, we stressed the importance of creating a plan that best suited Samantha’s specific needs. After careful consideration, we were able to develop the best plan going forward, including the drafting of a proper Last Will and Testament, along with a Special Needs Trust. While there was no ‘conflict’ in this particular case and Megan’s other children with her late husband were extremely supportive, this still demonstrates the value of having thorough plans established when it comes to estate planning.

At Scott Bloom Law, we are a team of advocates who care, always fighting for what’s best for our clients and their families. With knowledge, experience, and compassion, we strive to find solutions that make the aging process as emotionally and financially easy as possible. Visit us at scottbloomlaw.com or call 215-364-1111 to schedule a free consultation.

CLIENT Testimonial

This question is asked all the time: “Wouldn't it be easier to get a will off the internet, transfer my land when I die, and put my children on my bank account?” It’s just not a good idea. For the plan to work as you would want it to, it should account for plenty of complications. A good plan should protect your spouse and your children from the loss of valuable government benefits if anybody is or becomes disabled. The plan should avoid the delay and expense of probate court. The plan should protect money from children’s creditors or divorce or remarriage. It should be crafted to serve family harmony and to avoid disputes between children as joint owners. Even a relatively simple situation is made up of many moving parts. Internet documents and joint-ownership devices just won’t do the job.

Also, assembling the moving parts so they work smoothly is just the first step. Your estate plan needs maintenance too, just like your car has a “check engine” light. Major family events like serious illness or death, marriage, birth, or financial reversals are alerts that you should tune up your plan to reflect those changes. Your plan shouldn’t be “one and done.”

It takes expertise to coordinate the various strategies available. Don’t risk a result that will cause your family problems and unnecessary expense. Call us to create a plan that harmonizes the moving parts, so the gears will work together and you will leave the legacy you intended. We hope you found this article helpful. If you have questions or would like to discuss your legal matters, please do not hesitate to contact our office at 215-364-1111 to schedule a consultation.

- Creating an Estate Plan On Your Own: Think Twice

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CLIENT Testimonial

Sometimes after a loved one passes away, the family learns of things they were unaware of while the loved one was living. This was the case for one of our clients, Sam, after his father Tom Jr. passed away. Sam was always under the impression that the home he had grown up in, and that his father had lived in until his death, was owned by Tom Jr. To say it came as a surprise that it was indeed Sam’s grandfather, Tom Sr., who was the actual owner of the home, is an understatement.

Apparently, when Tom Sr. had passed away nearly 40 years ago, there was no proper estate plan established. Now, Sam would need to open his grandfather’s estate, resolve tax issues that were never addressed, and then go through the legal process to make the home a part of his father’s estate. At first, Sam believed that the entire process would be easy enough for him to handle on his own. However, after digging a little deeper, he quickly realized he would need the help of a knowledgeable and experienced attorney.

Sam reached out to Scott Bloom Law and we developed a game plan for moving forward. We began by probating Tom Jr.’s will and, after some time, we were able to settle the estates of both Tom Sr. and Tom Jr. While it was no fault of Sam, this is a great example of the importance of having an Estate Plan in place. No one wants to leave their families in precarious situations after they pass. The long-term purpose of setting up an Estate Plan today is to preserve as much of your wealth as possible for the intended beneficiaries and retaining a capable attorney can help ensure all of your wishes are met.

- Case Study: Estate Administration

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