By Attorney Denis Regan

All parents hope that their children will be safe and happy throughout their lifetime. This concern can be a serious stressor for parents of special needs children. While some individuals with special needs can live a fully functioning life, many struggle to do everyday things without the help of another adult. Parents may fear that their child will not have a form of income to sustain themselves, and they may want to take steps to ensure that their child is provided for. 

One of the best ways to create peace of mind is by forming a special needs trust. This type of trust holds and protects financial assets for the benefit of a disabled beneficiary. Many of these trusts receive assets from a legal settlement that involves the special needs child, while others are created through an estate plan. This allows parents to provide the child with assets that can be used during or after the parents’ lifetime, as well as life insurance proceeds after their death.

 By Attorney Denis Regan

Estate planning is critical for everyone. Without a will in place, you will have no say about where your assets will go when you die. Two other areas of estate planning law that are often forgotten about but can be just as important are guardianship and power of attorney.

If you are at the stage of your life in which you are considering how your estate will be passed on to your loved ones, one option to consider is a living trust. A living trust can accomplish many of the same objectives as a will, and it has several key benefits that wills do not have. 

What Is a Living Trust?

A trust is a written document that names someone in charge to manage property for the benefit of others. A trust is classified as “living” when it is created by the property owner when he or she is alive. A living trust is also known as a revocable trust or a living revocable trust.

An estate may be contested when an interested party (such as one of the beneficiaries) objects to using the will to distribute an estate, in whole or in part. Such objections can lead to significant delays in distributing the property to heirs, so it is important that parties to such contests be represented by qualified legal counsel who can move the process along in a timely fashion.

Because the testator (the person who made the will) is dead during the probate process, proving what he or she intended at the time the will was signed can be difficult, although not impossible.

Common Challenges Made in Probate Court

Estate administration is complex, because no two wills and no two estates are alike. There are, however, common issues that are raised in probate court related to contesting a will. These include:

Most people understand that it is important to have a will, but many people do not understand that what you include in your will is what makes it so important.

Your will is a legal document used to express your final wishes with regards to the handling of your personal property and other assets. It is a final way, upon your passing, to show your loved ones that you care.

Knowing what you can and should include in your will can help you feel more confident and secure. Your will should address the following issues: