The main purpose of a special needs trust is to allow a person to not spend their own money (in the trust) for living expenses while still qualifying for public assistance, SSI and Medicaid and other government welfare type programs.
Is he disabled? How expensive is his medical care and will he qualify for any health insurance after your death? Does he require a great deal of care of personal needs? Will he have to rely on government assistance as an adult? Do you have significant assets (high six figures) that you want him to have access to after you die but want the capitol to not be spent down? Would he qualify for Social Security childhood disability benefits on your or his other parent's Social Security record and work history and how high is that going to be?
Sometimes it may be better to just inherit the money outright and use it to improve current living standards.
If you think it is a good idea, get a good estate planning attorney who is knowledgeable about Medicaid.
So who would get the balance of the money in the special needs trust when your son dies? Medicaid may require reimbursement. What happens if he gets married? Lots of planning. And then, life still doesn't follow the plan.
