Legal Question in Wills and Trusts in Georgia

If you have a handicapped child and you have bought a burial plot for you and that child. How would you do the wording on the deed so as to not jeopardise the handicapped childs income later in life. No trust fund is set up. But can it be worded in trust for (childs name). Same with a house, how would it be worded for the child to receive a home? Thank you in advance.


Asked on 8/19/14, 9:07 pm

1 Answer from Attorneys

If you have a handicapped child, you need a special needs trust. You don't put anything in the child's name and don't leave anything to the child . You leave it to your trust so that the trust will provide for the child's needs over and above what the state/federal benefits provide.

A special needs trust can be set up in your will. You don't need to create a revocable living trust. The burial plots should be in your name with the plot, on your death, left to the trust for your child and same with the house.

However, a public forum is not the place to discuss your estate planning needs. You need to sit down with an estate planning lawyer now and discuss with the lawyer what kinds of estate planning you need so that your child is benefitted and protected as much as possible.

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Answered on 8/19/14, 10:07 pm


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