Third Party Special Needs Trusts and Qualified Disability trust

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aeronina
Posts: 46
Joined: Wed Jan 01, 2014 10:16 am

Third Party Special Needs Trusts and Qualified Disability trust

Post by aeronina » Fri Sep 29, 2017 12:07 pm

We have a attorney preparing our revocable living trust so that our 3 grown sons each receive 1/3 of our estate each after we pass. One of our sons has been disabled for 21 years, receiving SSI and Medi-Cal. Our attorney has written both an Irrevocable Special Needs Trust for him and/or (should he get better, though unlikely) a Non-Special Needs Trust. I am concerned that by setting it up this way, the third party Special Needs Trust may not be able to qualify as a Qualified Disability Trust (with its yearly tax advantages). Does anyone have any experience with a revocable trust set up in this way?

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