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Estate Planning Tips for Illinois Families with Disabilities

 Posted on December 22, 2023 in Estate Planning / Probate

Geneva estate planning lawyerAs an Illinois family with a disabled loved one, ensuring they are cared for after you are gone is a pressing concern. Proper estate planning can secure their lifestyle and give you peace of mind. There are a few steps you should know how to take. An Illinois estate planning lawyer can help make sure you cover them.

Set Up a Special Needs Trust

special needs trust is a vital estate planning tool for families. This trust holds assets to supplement government benefits for your disabled beneficiary without affecting eligibility. A trustee manages distributions, while the beneficiary does not control assets. Special needs trusts maintain financial support, medical coverage, and quality of life for your dependent.

Name a Guardian

Determining guardianship is also essential to ensure daily assistance for your disabled dependent when you pass away. The legal guardian handles medical decisions, living arrangements, supervision, and other facets of care. Your chosen guardian should be financially stable, trustworthy, and genuinely concerned for your beneficiary’s welfare. An attorney can advise on declaring a legal guardian in your Illinois documents.

Write a Carefully Worded Will

Your will should provide clear, legally sound instructions regarding guardianship and trusts to benefit your disabled dependent. Defining how assets enter the special needs trust and naming the trustee and guardian puts arrangements into action. An attorney can help construct strong legal language, preventing any gaps. Your will may also confer visitation rights, set beneficiary conditions, and outline expectations for care to guide the guardian.

Discuss Plans Openly

Making known your estate planning intentions helps ensure they are carried out. Explain arrangements with the designated trustee and guardian so they fully understand the duties of providing dedicated care. Review plans with family to prepare everyone for future responsibilities. This open communication secures adherence.

Updating Plans

Revisiting estate plans as circumstances evolve prevents complications down the road. Changes in family structure from births, deaths, divorce, or location shifts may alter who can serve as trustee or guardian. Government program reforms may also influence updates to special needs trusts. Mark a calendar annually to examine documents and modify them if necessary. Keeping your estate plan current guarantees continuity of care for your disabled loved one when you pass away.

Contact a Geneva, IL Estate Planning Attorney

With thoughtful guardianship, trust, and will arrangements tailored for your situation, you can feel positive about your disabled dependent’s life after you. A DuPage County, IL estate planning lawyer can help guide you in taking these vital steps. Call DLAW, PC at 331-222-7978 for a free consultation.

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