What Will Happen If You Don’t Plan

No Wills
No Special Needs Trusts
No Letter of Intent
No Government Benefit Planning
No Budgeting
The Good News
The government has a plan for you
The Bad News
The government has a plan for you
  • Your children will have Guardians, Trustees and Conservators appointed by the State in which they live.
  • Your estate will be distributed according to the wishes of the State, not yours.
  • If assets received in the name of the person with special needs exceeds $2000, they will be ineligible for SSI (Social Security Insurance) cash benefits and Medicaid.
  • Assets received in the name of the person with special needs are subject to immediate repayment to Medicaid for healthcare benefits previously received.
  • Medicare may be the only healthcare benefit the person with special needs receives which does not offer the same benefits as Medicaid. For example, there is no prescription benefit.
  • Assets left to others to care for the person with special needs could be lost to creditors, litigation, divorce or their death. There is no guaranteed security or protection.
  • Support provided by others for the person with special needs could be considered income and/or assets reducing or terminating SSI and Medicaid.
  • Not all assets pass through a Will. If you fail to make the necessary beneficiary changes and designations, your life insurance, retirement plans and annuities could pass directly to your person with special needs in his or her name resulting in termination and payback for government benefits.
  • Without written information explaining the day-to-day care needs of the person with special needs and what your goals and wishes for their future care are, providers will only be able to do what they think you want not necessarily what should be done.

David Terk of Serenitas and his associates have provided invaluable assistance to us in our estate planning for our son with special needs. We had two lawyers who created “special needs trusts” that did not do what a special needs trust is supposed to do and could have created many problems. David and his associates created a special needs trust that does what it it supposed to do and provided a wealth of other useful information that we didn’t know. Unlike a high-power law firm, you won’t receive a $ 100 bill from David for a five minute phone call and an answer to a simple question. We would recommend David and his associates for all of your special needs planning. If you have a special needs trust that was not drawn up by an attorney who is an expert in special needs, we would recommend that you take that trust to David. He and his associates will review it to see if it protects your loved one the way it is supposed to do.”

-Denise G.

“Don’t be afraid of planning…be afraid if you don’t!”