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Release Date: October 2026
Written by: Kim N. Christian, Esq. (Partner, Russo Law Group, P.C.)
National Estate Planning Awareness Week is an important reminder for every family, particularly those supporting a person with a disability, to review their estate plan.
Why Keeping Your Estate Plan Current Matters
An outdated plan may unintentionally disrupt eligibility for means-tested public benefits. For example, leaving assets directly to a person who receives Supplemental Security Income or Medicaid could negatively affect continued eligibility. A properly structured special needs trust may allow funds to be used for the beneficiary’s supplemental needs while helping preserve access to essential benefits.
Seven Key Areas to Review in Your Estate Plan
A comprehensive Estate Planning review should consider:
Whether wills, trusts, powers of attorney, and healthcare directives remain current;
Whether beneficiary designations on retirement accounts, life insurance policies, and other assets coordinate with the overall plan;
Whether a special needs trust is properly drafted and funded;
Whether the selected trustee, guardian, agent, or other fiduciary remains appropriate;
Whether an ABLE account could complement the plan;
Whether a current letter of intent explains the individual’s routines, preferences, medical needs, services, and long-term goals; and
Whether changes in family circumstances, finances, benefits, tax laws, or disability-related needs require revisions.
When Should You Update Your Estate Plan?
Estate planning is not a one-time event. A plan should generally be reviewed periodically and after significant life events, including a birth, death, marriage, divorce, relocation, change in health, inheritance, or change in public benefits.
This National Estate Planning Awareness Week, take time to locate your documents, confirm that they reflect your current wishes, and ensure that all parts of the plan work together. A thoughtful, updated plan can provide stability, protect important benefits, and give families greater confidence about the future.
If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work 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.