MAKING A WILL CAN PROTECT YOUR CHILD WITH SPECIAL NEEDS
Release Date: August 2026
Written by: Kim N. Christian, Esq. (Partner, Russo Law Group, P.C.)
August signifies National Make-a-Will Month. For the families who care for children with special needs, estate planning is crucial.
Parents of a child with a disability face numerous challenges and concerns. Making a will and other important estate planning documents are among the steps you can take to help alleviate these concerns. A well-drafted estate plan can help ensure that your loved one with special needs has financial protection and continued support.
Don’t Delay Making a Will
Many people delay making a will until they experience a health diagnosis or concern. However, you may be putting your loved one with special needs at great risk if you delay making a will.
Avoid waiting until your health, or the health of your loved one with special needs, worsens. Having a will and estate plan in place ahead of time can make navigating health challenges easier. If you prepare for the future, you won’t have to rush to make arrangements or risk passing away without a will.
Special Needs Trust
Your Will can incorporate a Special Needs Trust so that your child’s share will be used for their benefit without compromising any of their public benefits.
While a will is a basic estate planning document that can help you provide for your loved one with special needs after you pass, a trust can also protect their assets. Making a special needs trust includes appointing a responsible individual to act as the trustee.
The trust can pay for things public benefits do not cover, such as recreation and education. At the same time, a trust preserves your loved one’s ability to qualify for public benefits. Setting up a special needs trust can also ensure that they receive continued support during their lifetime.
Contact a Special Needs Planning Attorney
Make-a-Will Month is an important reminder to take steps toward securing your loved one’s future. Work with our law firm to create a plan that protects your loved ones with disabilities into the future.
In addition to helping create a will; we can assist you with making a comprehensive estate plan. This could include executing power of attorney documents and setting up a special needs trust for your loved one.
If you don’t have a will at all or are worried that your current will is not appropriate, please do not hesitate to contact our office at 1 (800) 680-1717. I look forward to the opportunity to speak with you.
Disclaimer: The information provided above is for general informational purposes only and is not legal advice.

Kim N. Christian, Esq. is a Partner at Russo Law Group, P.C. where she practices Elder Law, Estate and Trust Planning, Real Estate, and Special Needs Planning.
Kim earned her law degree at St. John’s University School of Law and served as Research Editor of the New York Litigator. She is a member of the New York State Bar Association as well as the Nassau County Bar Association. Kim is licensed to practice in both New York and New Jersey and has been admitted to the United States Supreme Court. She is also a member of the National Academy of Elder Law Attorneys and the Academy of Special Needs Planners.