Special Needs Child

Our clients are a couple in their early sixties with 2 children in their mid-twenties. One child, their son, is special needs. The contingent beneficiaries of their IRA’s are now 50% daughter and 50% son’s special needs trust.

What do I need to look out for in the special needs trust language so that a stretch is still possible without ruining the special needs provisions? In order to accomplish that, I thought there might have to be a “beneficiary IRA trust” that would pay out only as needed to the special needs trust for the son.

Appreciate help on this.



  • Among other things, make sure that after the son’s death none of the trust assets can go to anyone older that the person whose life expectancy you want to use to measure the stretch, or to anyone other than an individual or another trust subject to the same restrictions.

 



Add new comment

Log in or register to post comments