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Legal Planning Coordination

This is the process of identifying for our clients the attorneys that specialize in Special Needs planning, and then working with our clients to insure that they complete this very important legal planning. We use our our knowledge of the family and person with disabilities to help guide them and insure all their questions and concerns are fully answered by their attorney, and that the legal plans they create reflect their future care planning objectives.

Disability Services & Advocacy, LLC is not a law firm, but we do legal planning coordination work with many of the leading Special Needs Attorney’s in New Jersey. Often we will go with our clients to the initial meeting with a Special Needs attorney to insure any critical future care or support issues are properly reflected in the will and trust documents. Please contact us to arrange a consultation or for a referral to an attorney in your area.

  • Background
  • Special Needs Trust
For the last ten years we have worked with attorneys that specialize in Special Needs Planning. These attorneys prepare carefully drafted Wills, that exclude the person with disabilities from receiving any portion of their family's estate which may cause them to lose any or all of the appropriate and necessary government benefits. Instead assets earmarked for the person with disabilities go into a Special Needs Trust for the benefit of person, but whose asset distribution is under control of the trustee.
This trust, prepared by a Special Needs attorney, attempts to provide future care providers the maximum supplemental financial assistance to support the special person while not jeopardizing government programs. The special needs person is the income beneficiary. They receive trust funds for supplementary needs, but at the sole and absolute discretion of the trustee. In addition the trust identifies who will receive any remaining trust assets when the special person dies. Properly constructed Special Needs trusts have been determined legal by the court system. However, these trusts, must be properly created, or the trust could be declared invalid and the assets could revert to the person with disabilities making the person ineligible for government supports. It is critical that families use attorneys that have experience in creating these trusts as they have to be carefully written to comply with federal and state laws.
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