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What is the biggest disadvantage of a Special Needs Trust to protect litigation proceeds?

The fact that the Special Needs Trust requires that any money left in the trust at the death of the client to be repaid to the government before any trust assets can be left to the family. In many cases, this is not an issue because it is anticipated that the trust assets will be depleted in caring for the person before his or her death. Careful planning and structuring of the settlement may be able to minimize or eliminate this issue as a significant concern. In most cases, what is more certain is that the litigation proceeds will be used up during the person's life if medical care must be paid from these proceeds.

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