How a Divorce Can Impact Your Special Needs Estate Plan - Christine Matus

BSPE Legal Marketing Podcast

From Matus Law Group - Navigating the complexities of divorce and estate planning becomes even more crucial when a child with special needs is involved. In this episode, we delve into insights from the article How a Divorce Can Impact Your Special Needs Estate Plan, exploring the critical steps families in New Jersey can take to protect their children’s future. Divorce often requires significant updates to estate plans, including adjustments to special needs trusts, guardianship arrangements, and life insurance policies, to ensure the child’s well-being remains a priority.

A primary concern is safeguarding eligibility for public benefits such as Social Security Income and Medicaid. These programs are vital for many families, and mishandling child support payments could inadvertently jeopardize them. We discuss how creating a self-settled or supplemental needs trust allows child support to be directed into the trust, protecting these benefits while ensuring the child’s financial stability. These trusts serve as an essential tool for maintaining access to critical resources.

We also examine the importance of guardianship for families with special needs children, particularly for those caring for adult children. Guardianship proceedings determine who will manage medical, housing, and other essential decisions if one or both parents are unable to do so. We discuss how court orders can address what happens in cases of death or incapacity of a guardian, ensuring long-term care and decision-making stability. Additionally, we cover the value of integrating life insurance policies with estate plans, such as using a sub-trust within a will or living trust, to provide financial resources that directly benefit the special needs child.

This episode offers a comprehensive look at the legal, financial, and practical considerations for families reworking their estate plans after divorce. From child support strategies to guardianship proceedings and trust creation, we highlight actionable solutions to secure a stable and supportive future for special needs children in New Jersey. Tune in to gain insights on how thoughtful estate planning can help families overcome these challenges and create a brighter future for their loved ones.

Matus Law Group
81 E Water St #2C, Toms River, NJ 08753, United States
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