Important COVID-19 Update: We offer free consultations via phone, video, or in-person. Here’s information about our process during the this time.

The Heritage Law Center, LLC Blog

Planning for Retirement? Remember to Review Your Plan for Your Special Needs Child

POSTED ON: March 29, 2022

mother and down syndrome daughter

Neglecting to update an estate plan can cause you problems. Failing to update an estate plan when the family includes a child with special needs can lead to disaster. An article from Barron’s titled “Retirement Planning? Don’t Forget to Review Plans for Special Needs Children” explains how this negatively affect your child’s care.

When it comes to planning for a special needs child, decisions made in the past may no longer be appropriate, or even permitted. A grandparent may have been named as a guardian ten years ago and may have moved to another part of the country or died. A retirement plan based on selling the family home and downsizing to a small apartment may no longer be feasible. Health care insurance choices may be limited after retirement. In other words, life changes and estate plans need to change also to make sure they still meet your goals.

Children with special needs who receive Supplemental Security Income (SSI) and MassHealth (Medicaid in Massachusetts) may not have more than $2,000 of assets in their name. If they are listed as beneficiaries on retirement plans or life insurance proceeds, they will become ineligible for these benefits when they inherit the money. Money should never be left directly to a child with special needs, but it can be left through a special needs trust. Parents may not realize how critical this is, or they may overlook changing beneficiary designations. Either way, the results can be financially devastating.

Talk with grandparents and any relatives who might want to leave something to a special needs child. Chances are they have no idea how an inheritance can impact a special needs family member.

Laws concerning funding a special needs trust (SNT) have changed. The ten-year rule on required distributions no longer applies to beneficiaries of qualifying SNTs, so it’s now considered more appropriate to name the special needs trust as a beneficiary of a traditional IRA or other qualified retirement plan. A Roth IRA may be the best way to leave assets to an SNT as there are no taxes due on withdrawals.

Life insurance is often used to care for a special needs family member. One idea for planning for a special needs child, is a second-to-die life insurance policy. This policy can be used to insure both parents and pay to the SNT on the death of the second parent, when the money is needed most. If one parent doesn’t qualify because of health issues, their underwriting may be balanced by the good health of another parent, which may keep premiums reasonable. Make sure the laws of your state and financial institution permit the proceeds to be directed to an SNT.

An ABLE account is a tax-advantaged savings plan for individuals with disabilities. The account can be opened for an individual at any age, as long as the disability onset occurred before age 26. Talk with an estate planning attorney to ensure the individual will qualify for this type of account. The 2021 annual contribution limit is $15,000. However, there are many exceptions, so don’t do this without professional help. For instance, SSI may be suspended, if the account balance rises about $100,000. Be sure the amount in the ABLE account won’t put means-tested programs at risk.

For more information and guidance on planning for a special needs child in Massachusetts, please contact us today.