What if my disabled son is left money by a relative in a will? Can I immediately open a special needs trust without penalty?

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Anon5558 Asked June 2018

What if my disabled son is left money by a relative in a will? Can I immediately open a special needs trust without penalty?

Ages ago, I was asked for my son's social security number by a trusted family member when they were doing their will. This person is now very ill and I do not want to have the, "I need you to change your will" conversation.

If my son is left money, can I then hire a lawyer and open a trust. I do not have the money to hire a lawyer.

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This is a very complex subject, and can have serious ramifications if not handled properly. The timing of the establishment and funding of the trust may affect whether your son is excluded from receiving certain government benefits. Even though you may not have the money now, you may want to pay an elder law attorney for a brief consultation on your specific situation. It will be money well spent.

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What if my disabled son is left money by a relative in a will? Can I immediately open a special needs trust without penalty?

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