Legal Question in Wills and Trusts in Ohio

I have two adult daughters, one is unable to work due to a birth defect and on disability, SSI, Medicare and Medicaid. At this time, I cannot afford to have a special needs trust written up. Can I write a will leaving everything to the healthy daughter and specifidy that she use half the inheritance to create a special needs trust for her sister? All the the money to created the trust would come out of the disabled daughter's inheritance, the remainder of her half would go into the trust. The healthy daughter would be the trustee. Please advise. Thank you.

Asked on 9/03/09, 9:06 am

3 Answers from Attorneys

Dan Guinn Guinn Law Firm, LLC

I would be happy to write a trust for you and I do payment plans for all of my clients. I would only charge $250 to do this trust.

Feel free to contact me, free of charge, at [email protected] or at 330-447-7634. I am happy to help in any way that I can.

Thank you and I look forward to hearing from you.

Dan Guinn

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Answered on 9/06/09, 2:32 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

You can do this. What will happen then, is that a special needs trust can be created in which your daughter is the trustee for your special needs daughter, and the court will also supervise the trust until it is no longer needed or runs out of money.

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Answered on 9/06/09, 7:56 pm
Christine Socrates Christine Sabio Socrates, Attorney at Law

Although your daughter may promise to do what you ask of her, she will not be under any legal obligation to do so if you do not put it in writing. While it may be expensive to set up a special needs trust, it is essential in this case to guarantee that your disabled daughter will receive her inheritance after you have passed and that it will not disqualify her from her current benefits. Many firms like my own, can work with people in your financial situation with discounts and payment plans. If you would like further information you can contact me through my website:

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Answered on 9/08/09, 11:09 pm

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