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so special needs planning is a specific
area of a state planning where you’re
planning for beneficiaries who have some
sort of additional considerations it
could be disability planning very
commonly special needs planning is for
adults or minors uh who have some sort
of special need disability it could be
uh a beneficiary who’s receiving
government benefits that the inheritance
would kick them off of that plan or off
of that benefit it could be
beneficiaries who aren’t good with money
they’re spend THS and so they need
somebody to help them manage funds
they’re not able to manage them
themselves it could be someone with
addiction issues whether it’s substance
abuse mental health issues uh gambling
drug issues alcoholism there’s all kinds
of special needs that can be addressed
in your estate plan and we commonly hear
from people I want to cut out or
disinherit my child because of one or
other of these special uh considerations
and they’ve been told that they can’t
give them an inheritance or they don’t
trust that they can give them an
inheritance and so their solution is
often to say so I’m going to disinherit
them and hope that their siblings take
care of them or or just leave I don’t
know what to do so I’m just going to
leave them on their own when that’s not
necessarily uh what needs to happen we
can create a special needs plan that
protects the beneficiaries and protects
your estate and your assets and we can
create a a situation that benefits
everyone it’s not a one-size fits-all we
have to take a holistic view of the
estate what’s the character of the
assets what’s the value of the assets
what are the specific circumstances that
arise to a need for this special needs
planning and take a look at all of those
things all those different factors and
create a plan that’s going to work for
you and your beneficiary meet your
intentions while not uh disadvantaging
them in some way and one of the
considerations and special needs
planning is to consider an independent
trustee who can assist that beneficiary
with managing their estate in a way that
meets the needs of of the plan
Contact Anya M. Witmer
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Phoenix, AZ estates & probate attorney Anya Witmer talks about special needs planning and why it’s so important.