Instead of establishing a Special Needs Trust, why can’t I just leave money to a sibling to take care of the needs of my disabled child?
Funds placed in a Special Needs Trust for a disabled individual are not subject to seizure in a court proceeding but the same would not be true of funds held by a non-disabled sibling for the benefit of the disabled person. Without a Special Needs Trust, therefore the funds you wish to set aside could used to pay the creditors of the non-disabled sibling therefore depriving the disabled child of financial security.
