Legal Question in Wills and Trusts in New York

leaving money to addict

We have 2 children. One is an addict. Money is a therefore a trigger to her addiction. We are not rich. How can we leave her some money but not let her at it??? We considered leaving money only to the other child but this seems wrong.


Asked on 3/12/09, 12:22 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: leaving money to addict

You should give consideration to a special needs trust. If your child is receiving some form of government support, distributions from this type of trust will be made only if the distributions will neither reduce nor eliminate that support.

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Answered on 3/12/09, 12:44 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: leaving money to addict

Consider establishing a trust for the childs support. There are various options, but the underlying common theme is that the child has the right to the money in the trust but not the control. This way you can leave a bequest and protect the child from their own problems at the same time.

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Answered on 3/12/09, 12:57 pm


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