Our son is not on SSI currently but we are afraid that he may need to qualify in the future. Should we consider amending our trust?

Without actually reviewing your estate plan I cannot clearly determine if your trust needs to be amended.  If you created your trust when your son was healthy and not likely to be on SSI then it is probable that your trust does not contain the "special needs" provisions.  If your trust does not contain such a provision it is our recommendation that you amend your trust to add language that distributes your assets to your son in two ways--1) if he has quallified for SSI and thus needs the special needs provision and, 2) the other way would be if he not on SSI and therefor does not need the special needs.  If we can be of further assistance, please let us know.

 

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm