How can I leave my loved one an inheritance that will not result in a disqualification of benefits?
Fortunately, a very special kind of trust can be used to leave an inheritance that will not disqualify a loved one with special needs from receiving government benefits. These are known as "Special Needs Trusts." They are designed so that assets in the trust will supplement - but not replace - the government benefits. Since the assets are held in trust, they do not legally belong to your loved one (even though the trust assets must be used solely to enhance your loved one's life). The government will not count the inherited trust assets against your loved one and jeopardize his or her eligibility for benefits.