Law Office of Alicia Porter

Consider giving the Personal Representative the power to form a Special Needs Trust (SNT) on behalf of any of your beneficiaries that are named in your will. This streamlines the Personal Representative’s ability to provide for a loved one who may later become disabled. It is better to have the clause and not to use it than to not have the clause in your will, and then have the estate expenses of petitioning the probate court.

You may also want to discuss the tax consequences of setting up a Special Needs Trust with your attorney or your professional financial consultant, as this can affect your estate planning strategy.