Estate planning tools for special needs commonly involve the use of irrevocable trusts. These trusts typically have a trustee who is a different person than the beneficiary. When planning for government benefits like VA and Medicaid, it is essential to consider recovery by the state government after the beneficiary’s death.
In some cases, using irrevocable trusts or specific deeds, such as Lady Bird deeds in Texas, can help avoid recovery. Proper guidance is crucial to ensure that clients do not make mistakes in their planning.