Estate Planning, Special Needs Planning and Divorce

Posted by Michael HillerSep 16, 20240 Comments

Why You and Your Special Needs Child Need Estate Planning

You could leave behind all the money in the world, but it wouldn't be a fraction as valuable as what you already have available right now to leave your loved ones in a real and tangible way that will make a significant difference in their lives. 

Proper planning can provide relief, knowing that your loved ones will be well cared for in case of the unexpected.

Will they have time to grieve and be with their grief, or will they need to focus on complex logistical matters? 

Will they need to go to court, navigate a hospital system without authority to do it, or be able to get access to the financial resources they need to pay for treatments you or your special needs child might need, housing expenses, and other bills that need to get paid even if you can't sign checks or set up bill pay?

Bottom line: How easy or difficult will it be for the people you love when something happens to you?

Planning empowers your loved ones with the knowledge and resources they need to navigate difficult times.

Your legacy isn't what you leave behind after you die – it's what you do during your life.

I know it's blunt, but it's the truth.

Taking action now is crucial because life is uncertain, and accidents can happen. Your family needs you to be proactive and prepared.

Special Needs Trust Planning

If you have wondered about the effect of a DIY estate plan on your child with special needs or whether you even need a plan, this blog may apply to you. If you're still determining whether you can work with just any attorney to get your will or trust done, what you will learn in coming blogs and our soon-to-be-published-new-website will surprise you.

And whether or not you're getting divorced and have a special needs child, now could be an excellent time to have special needs trust planning done.

If you schedule a 15-minute complimentary call and a two-hour life and legacy planning session, I'm going to share with you the following:

The ten steps you must take to plan for the future care of your child with special needs the right way;
How to set up a special needs trust that protects your child's eligibility for essential governmental benefits;

When and whether to become the guardian of your adult child with special needs;

How to plan for and secure government benefits for your child to ensure they have what they need and

How can you ensure your kids (and spouse) are prepared for life without you if something happens to you?

If You're Thinking About Getting Divorced

Parents with special needs children are more likely to get divorced than other married couples, according to Psychology Today. It is estimated that:

20% of US homes have a child with a disability, special health care needs, or a chronic illness.

The divorce rate of married parents with a child with disabilities might reach 87%.

The divorce rate for those with a child who has autism is about 80%.

The challenges and disagreements that can arise when parenting a special needs child may be the reason for a divorce or just one of many that pushed the relationship over the edge.

Before you run to the courthouse to get a divorce, consider ways to make your relationship healthier. If that's not possible, at least pursue a healthy divorce.

Things to Think About 

When you are trying to plan your child's care, whether or not that's a post-marriage life for you, think about:

Your child's needs, whether they are functional, medical, psychological, educational, or social.

What will meeting those needs cost in time, effort, and money?

Who will absorb those costs, and how will they do so?

You may need the help of an estate planning lawyer and life care specialist to come up with answers. If you and your spouse disagree about your child's needs and care, an outside third party without a personal bias may help bring the two of you together on these issues.