Special needs trust planning plays an important role in any law practice involving estate planning or administration. Even for the attorney whose practice involves only a limited amount of estate planning, it is necessary to discuss special needs trusts with the client in order to determine whether the client, or any potential beneficiary of the client’s estate, may have special needs. If special needs planning is not relevant to a client when executing the initial estate plan, discussing special needs trust planning may remind the client that the estate plan may need to be amended to protect certain benefits should a beneficiary develop a special need in the future. In fact, some practitioners believe that the failure to discuss special needs trust planning with your client could result in malpractice if a beneficiary is disqualified from benefits at the client’s death.
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