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Rather than disinheriting a family member with special needs, consider setting up a special needs trust so you can provide support without affecting important public benefits. 

Every child’s situation is different, so it’s okay if the inheritance isn’t split equally. Focus on what each child may realistically need. 

Make sure your estate documents clearly explain how taxes and costs should be handled so the trust for your loved one is protected as much as possible. 

The person managing the trust should be trustworthy, organized, and able to make good decisions. A family member can work well, but sometimes a professional trustee or co-trustee is the better choice. 

This is a helpful personal guide for future caregivers or trustees. It can share your loved one’s routines, preferences, needs, and anything else they should know. 

Your financial power of attorney should give someone clear authority to help care for your child’s needs and, if needed, create or fund a trust on their behalf. 

Make sure no assets accidentally pass directly to your loved one in a way that could interfere with benefits. 

Life insurance can be a practical way to help fund a special needs trust, especially when the trust is named as the beneficiary. 

IRAs and retirement plans are not always the best choice for funding a special needs trust because they can create tax issues and may affect benefits. 

Let relatives know to leave gifts or inheritances to the special needs trust instead of directly to your loved one. 

Depending on their situation, they may also need basic legal documents, a health care directive, and possibly their own trust.