Minneapolis, MN asked in Estate Planning for Minnesota

Q: My Mother recently died before she could set up a supplemental needs trust for me. Can a third party still do this?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If your mother died without a will or trust or if her will or trust provides for outright distribution of your inheritance to you, then the best you can do is create your own first party supplemental needs trust if you are still young enough to be eligible. There are other options such as a pooled trust or an ABLE account if you are eligible. Any other person could create a third party supplemental needs trust for you with THEIR own money, but I don’t think that is what you meant.

Joshua Damberg agrees with this answer

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