Create a Special Needs Trust in Lisle IL
Once you have determined which type of Trust fits your situation and needs you should begin to work with an attorney to establish the appropriate trust. Remember that the first and most essential distinction to be made in deciding what kind of trust to create is where the money is coming from.
Money which belongs to anyone other than the person with a disability should be placed in a Third Party Funded Trust. This would include money that parents, grandparents, aunts, uncles, siblings, spouses and children want to give to the individual. It is too late to use this option once a person has died with a will that provides for money to be given to a specific person (or without a will where the state laws provide for that person to inherit). Personal injury settlements can not be placed in this type of trust either.
Money that belongs to an individual should be placed in a Self Funded Payback Trust. This would include an inheritance (which is specifically left to the individual or which comes to the individual through the laws of intestacy), a personal injury settlement, a Social Security back payment, stocks and bonds received as gifts, and savings.
Money belonging to an individual should never be mixed with money that belongs to anyone else. This will result in a payback requirement for all of the money.
Step 1. Select the Trust