A person can have special needs as the result of a variety of situations. A disability could be genetic, occur at birth or be the result of a catastrophic accident. Regardless of how a Massachusetts resident became disabled, he or she may be entitled to assets through an inheritance, a settlement or some other means. Using a special needs trust to hold those assets can provide unique protections for the disabled person.
Family members' hearts are often in the right place when they leave an inheritance, but it could jeopardize any potential for the receipt of government benefits. The same risk also exists when a settlement or some other asset is received. Putting assets into a special needs trust means that they will not be considered as income when applying for benefits.