Yes! If you are considering creating a special needs trust in California, you likely have a loved one who is disabled or mentally incapacitated. Concern for our loved ones is often the driving force behind the desire to create an estate plan. While it may be possible to draft your own estate documents, there is no guarantee that you are doing it correctly. Unfortunately, your errors will likely only be discovered after you have passed, when it is too late to fix it. As a result, your wishes may not be carried out in the manner that you intended.
When creating a California estate plan that involves a special needs trust, it is even more important that you consult with an experienced Orange County estate planning attorney. This type of trust requires the knowledge and guidance of a legal professional in order to be drafted most effectively. The following are five reasons to use an attorney for creating a special needs trust:
- A special needs trust requires that specific language regarding the intentions of the trust be included within the trust instrument in order to be effective.
- A special needs trust cannot include certain estate tax provisions.
- A special needs trust should reference specific laws and regulations.
- A special needs trust must be executed in accordance with the laws of California.
- A special needs trust should reference the United States tax code.
For more information about creating an estate plan that includes a special needs trust, contact the experienced Orange County estate planning attorneys at the Law Office of James F. Roberts & Associates, APC. Call our office today at (714) 459-5481 for a consultation.