SPECIAL NEEDS TRUST AND REAL PROPERTY


Everybody's Uncle

Can Real Property be purchased for a special needs child with his special needs trust that was created from a personal injury accident? Or will he lose his government benefits?

(Unsigned)

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Dear Unsigned,

Special Needs Trusts require the overview of a lawyer, preferably one with broad experience in Special Needs Trusts.

Questions that should be answered:

Is this Real Property typically allowed or appropriate for the situation at hand?

Will such Real Property investment be consistent with all limiting conditions of the existing Trust?

How much future value will be generated based on what assumptions?

Will the Special Needs Child or family members use the Property? Is such usage in compliance? Will others benefit from such use? Will fees for usage be at market value? COULD USAGE COMPROMISE GOVERNMENT PAYMENTS?

Will the Trustee or professionals manage the Property? Are they qualified? What fees will be charged and/or expenses incurred?

An experienced attorney is required.
Everybody's Uncle