St. Patrick's Day
SALE

St. Patrick's Day
SALE

20% OFF sitewide*

Promo Code:
LUCKY20

SHOP NOW

What is a testamentary special needs trust?

By , Attorney
Need Professional Help? Talk to an Estate Planning Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

What is a testamentary special needs trust?

Answer

A testamentary special needs trust is a special needs trust that goes into effect when the trust maker dies. There are two ways to put a special needs trust into effect – you can set it up and put it into effect while you are alive (an inter vivos trust), or you can set it up and have it go into effect when you die (a testamentary trust). In either case, after the trust goes into effect, in order to protect the beneficiary's eligibility for government benefits, it must be irrevocable. So the advantage of making a testamentary special needs trust is that you can modify it while you're still alive, because it hasn't yet gone into effect.

Learn more about Special Needs Trusts on Nolo.com

Legal Information & More from Nolo
Wills, Trusts, and Estates
Estate Planning Basics
Wills
Living Trusts
Probate & Executors
Powers of Attorney
Estate Planning Laws By State
See All Wills, Trusts, and Estates Articles
Get Professional Help
Talk to an Estate Planning attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you