Shadowhawke,
As a recipient of two (2) "Special Needs Trusts" myself, in two different
State jurisdictions, I know from personal experience. You really need to
have a lawyer/accountant set it up. Each State has a different process in
establishing & regulating these trusts. And do it now. You can create the
trust while you are alive, and designate yourself as the trustee. Then in
your will, designate a new trustee for the trust.
Also if you have stocks and bonds, 401K, insurance policies, or real estate,
you should make sure that they benefit the "Special Needs Trust" directly,
not the heir themselves, the tax consequences could be harsh, if not done
right. If possible, liquidating some of your assets and start funding this
trust now, don't wait until your death. Especially since the current "estate
tax laws" are about to expire in the coming years.
Again see a qualified lawyer for this.
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I would not recommend it. Free templates may not stand up in a court of law.
Ditto for a trust. You really need to talk to an attorney.