Elder Law Answers
How Do I Relinquish Guardianship of My Husband?
I am the caregiver and guardian for my husband, who suffered a severe stroke 18 months ago. I can no longer provide the ca...
Read moreHow Do I Leave Money to My Disabled Daughter and Make Sure Her Husband Does Not Have Access to It?
- May 25th, 2018
Q
My daughter, 67, is disabled and I would like whatever assets I have on my death to go to her to be used for her comfort, food, and welfare. My only problem is her husband. I do not want him to have access to or inherit any of this money. Also, in case I need the money before my death, I want to be able to use it. Can I do an amendment to my will?
A
The solution is for you to leave everything in trust for your daughter. That way it will be protected from your daughter’s husband and also not affect her eligibility for public benefits. The problem is that both creating and managing an individual trust can be expensive in relation to the amount of money involved. Rather than an individual trust, it probably makes sense to sign up with a non-profit organization that manages trusts for many beneficiaries (these are called "pooled trusts"), usually at a lower cost than that charged by lawyers and professional trustees. You can find a list of organizations providing this service here: https://specialneedsanswers.com/pooled-trust.