May 2024
Recent Posts
Learn why hospitals cannot discharge medically-ready patients in Washington. Discover the legal guardianship barriers and how early intervention can help.
Discover your legal rights when a slow or hostile executor delays your inheritance. Learn how to request information and petition the court for executor removal.
Learn what to do when a patient's appointed guardian or conservator is unresponsive or failing to act. Discover court intervention strategies and escalation options.
Essential guide for hospital case managers on when and how to refer patients for guardianship. Understand decision-making capacity and discharge barriers in Washington.
Discover how professional guardianship and conservatorship can resolve care barriers for estranged patients. Learn how BHD Law connects facilities with qualified CPGCs.
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Parents usually want to provide for their children, including those with special needs. However, leaving a large inheritance directly to an adult child with special needs can cause major problems. This approach might seem like the best way to ensure financial security. However, it can lead to unintended consequences. These outcomes can undermine the child’s long-term well-being and financial stability. Impact on government benefits Many individuals with special needs use government programs such as Supplemental Security Income and Medicaid. These programs have strict income and asset limits. If an adult child receives a large inheritance directly, they might become ineligible for these benefits. Losing access can be a major blow. These programs often provide medical care, housing assistance and other vital services. Regaining eligibility can be a complex and lengthy process, leaving the individual without necessary support in the interim. Financial management challenges Managing a large sum of money can be overwhelming for anyone, but it poses unique challenges for individuals with special needs. Some may lack the financial literacy or the capacity to handle substantial funds responsibly. This can lead to mismanagement or exploitation by others, resulting in the rapid depletion of the inheritance. Emotional and social consequences A large inheritance might create an imbalance in relationships, both within the family and with others. Siblings or other relatives might feel resentment or jealousy. Additionally, having a significant amount of money without the skills to manage it can cause stress and anxiety for the individual with special needs, potentially exacerbating their condition. Long-term concerns and solutions Long-term financial security for an adult child with special needs requires careful planning. Parents should consider financial strategies that provide consistent support throughout the child’s life. Estate planning approaches such as special needs trusts, guardianships or conservatorships, A BLE (Achieving a Better Life Expe rience) accounts , structured financial gifts and life insurance policies are some possibilities. Parents can explore these alternative methods to the various challenges of providing support. Proactive planning goes a long way.
If you stand to gain an inheritance from a deceased family member, you might find yourself dealing with confusing questions if there are disputes over a will. For instance, your relative may have written a new will to revoke an old one, but since destroyed or revoked the new will. You may wonder if the old will goes back into effect. Fortunately, the state of Washington addresses this question as part of its estate laws. When a destroyed will stays inactive When it comes to estate planning, the legally expressed wishes of a person are what counts. So if an individual creates a new will that expressly voids an old will but later destroys the new will, it does not mean the old will becomes valid again. This is because revoking a new will does not automatically communicate any desire to revive an old will. Actions that can restore an old will According to state law, it must be the intention of the testator that an old will is revived. Therefore, there must be a legally provable document that states a desire to reactivate a destroyed will. Alternatively, a testator may make a succeeding declaration of intent to reactivate an old will, or the circumstances of revoking the will may provide evidence of such intent. Additionally, a person can revive an old will by revoking a codicil, which is an amendment to an existing will that changes its terms. If an abolished codicil revoked a will in full or in part but is no longer in effect, the terms of the old will impacted by the codicil shall become legally valid once more. Probate can wade into uncertain waters, which is why gathering every document and statement made about a will can make a difference if there is genuine doubt about whether a particular will truly expresses the wishes of its creator.
