Included below are frequently asked questions about the Pro Bono Supplemental Needs Planning Program.

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FAQ – Process

Our online questionnaire is processed through HotDocs Document Services, which is hosted on the Microsoft Azure platform and builds in robust security features, such as SSL/TLS encryption.

During the process, you are welcome to e-mail your questions to us so that an attorney can answer them during your phone conference or in-person meeting to sign your documents. After the process is completed, you may contact us directly with questions, and we will bill on an hourly basis for our time communicating with you.

During the meeting, we will be reviewing your documents and the implementation of your new estate plan. Because the material can be complicated, we strongly recommend that you attend the meeting without your child so that you can give your full attention to the material.  Unfortunately, we are unable to provide child care.

After you submit your document choices, we will confirm those choices via e-mail for your review. If you have any corrections or desire any changes, you must request them prior to or during your attorney phone consultation. After that time, changes are not permitted.

If you desire to make changes to your documents after you have signed them, you may contact our office with your desired changes, and we will bill on an hourly basis for the time required to update your documents.

You will be given two separate opportunities to consult with an attorney to have your questions addressed: first during your initial phone consultation and then again during your in-person meeting to sign your documents. As a participant in the program, you would be welcome to submit your questions via e-mail in advance of your call or meeting so that the attorney would be prepared to address them at that time.

There are two stages to the program: the presentation stage and the planning stage.

To get started in the first stage, follow our Steps to Participate:

After attending the presentation, follow these steps for the planning stage:

The program deadlines must be strictly followed.  We encourage potential participants to review the steps and deadlines for the planning stage of the program, which begins after the presentation:

If you feel that these deadlines would not be feasible for you, please do not register for the presentation.

Although we wish the program could serve every family with a child that has special needs, in order to meet the program’s mission and serve many families throughout the year with the program’s available resources, we have established a number of initial eligibility limitations.

“The program ensured my son’s future needs were met, as well as, my own. I was treated with dignity and respect. I would highly recommend the program.”

D.F., Huntley

“I am so grateful we found this probono program for our family. The entire staff made the process easy to follow, clear, and painless. When you have a child with special needs so many concerns pop up at every turn. Having this estate planning completed it’s just one huge weight off my chest. I’m so thankful to know my son’s financial future is protected and so thankful for Rivkin & Rivkin for providing such an incredible service to families like ours.”

A.G., Highland Park

“The law firm is very kind and knowledgeable.”

C.P., Evanston

“Figuring out how to prepare for your Special Needs child’s future is daunting. Thank you to Rivkin & Rivkin for helping us take a little of that weight off our shoulders.”

C.C., Mundelein

FAQ – Documents

As part of the program, we prepare a will, property power of attorney, and health care power of attorney for you, and a third-party supplemental needs trust for your child. In addition, we prepare a memorandum regarding asset titling and beneficiary designations, a memorandum regarding supplemental needs trust implementation, and an estate plan illustration to accompany the legal documents. The program does not include preparation of a self-funded (“(d)(4)(A)”) supplemental needs trust.

Your will and powers of attorney may be amended at any time. The supplemental needs trust generally may not be amended, except that it may be modified to comply with applicable law, and it includes flexibility to update the succession of trustees. In addition, until the trust is actually funded, you can effectively make other desired changes by creating a new supplemental needs trust with your desired terms and updating your will and beneficiary designations to pour into the new trust.

The powers of attorney are for you. They name a succession of people to make medical and financial decisions for you in the event of your incapacity.

The documents themselves do not differ from those we provide our regular clients, except that the document choices are more limited. For example, we do not prepare living trusts or incorporate estate tax planning provisions as part of the program. In addition, to minimize the complexity of the planning, and thereby to help keep program costs down, we place limits on the choices of fiduciaries and on the alternatives for distributing assets at death.

The limits on fiduciaries choices and the alternatives for distributing assets at death are listed here:

If the limitations do not work for your family, we encourage you to consult either with another estate planning attorney that has supplemental needs planning experience or with our office outside of the pro bono program in order to prepare appropriate documents for you.

If the supplemental needs trust is funded but your child does not ultimately receive public benefits, the trust will continue to operate for your child’s benefit. The trustee will still be required to make distributions to providers of goods and services for your child, instead of directly to your child, but the nature of those distributions would not be limited. If your child is not receiving benefits, the trustee may make distributions for your child’s food, shelter, and medical care in addition to distributions for other purposes that enrich the quality of your child’s life.

We include a provision in the supplemental needs trust permitting the trustee to modify the trust to comply with applicable law, including the law of a new state of residence for the beneficiary. If your child or you move to a different state after you have completed this program, we recommend that you consult with an estate planning attorney that has supplemental needs planning expertise in your new location to review the supplemental needs trusts, as well as your other documents, to determine what changes, if any, are required.

Your documents will be drafted to be self-adjusting if you have additional children so that any child born after you complete your documents will be included on the same terms as any other child that does not have special needs. However, if you have an additional child or there are other changes in your family situation, we recommend that you review your estate plan generally to ensure that it continues to reflect your wishes.

“I am ever so thankful to the Pro Bono program at Rivkin & Rivkin. Everyone I had contact with treated my situation with respect and professionalism. I felt supported and welcomed as I am sure all of their clients feel. I can sleep better now that these necessary documents are prepared and complete for the benefit of my disabled son’s future.”

J.H., Lincolnwood

“I found the program to be very insightful and a major help. I don’t know how long it would have taken my wife and I to get this done without both their expertise and persistence. Thank You.”

J.R., Des Plaines

“From the orientation, email exchanges to the signing appointment, Rivkin & Rivkin has been nothing but extremely helpful throughout the entire process. I cannot believe how easy this process was to get a lot of documentation completed in such a short period of time. As a single mom to a special needs child, I have very little free time ever. Rivkin & Rivkin made this process seamless for us and for that I am very grateful :)”

M.M., Mundelein

“My husband and I have a special needs daughter and the one concerning thought that we have is who’s going to take care of her when we pass. We knew about Special Needs Trusts and also knew that setting them up could be costly. The pro bono program offered by Rivkin & Rivkin was a Godsend. Here is a husband and wife who have no obligation whatsoever to do anything for families like mine and they choose to be so charitable and kind. I can’t thank them enough. They spelled everything out, answered our questions and made the process incredibly easy. Even I could understand it :) May God bless them.”

Anonymous

FAQ – Implementation

The third-party supplemental needs trust is typically not funded until the death of the parents or one or more other family members. As part of the program, we provide an implementation memorandum that reviews trust funding and other implementation issues.

Yes, other family members and friends may contribute to the third-party supplemental needs trust and/or name that trust as a beneficiary of investment accounts, retirement plans, or insurance policies.

Absent any significant changes in your family or financial situation or your child’s personal situation, we typically recommend that you review your estate plan at least every three years, as well as when your child is approaching 18 years of age.

If you divorce after the documents are signed, we recommend that you seek legal counsel to determine what changes are required or desired.

Rivkin, Rivkin & Kaplan does not assist families with applying for benefits. Upon request, however, we can provide referrals for public benefit planners in the area who can assist you with a public benefits application.

“We were very unsure of ourselves about creating a trust for our son. Once we meet with the people from Rivkin & Rivkin, things seemed to come together. We had a better understanding of what was needed and how the process worked. I would, and will, strongly recommend them to anyone looking for help.”

J.C., Des Plaines

“We appreciate the efforts by Rivkin & Rivkin in offering this valuable program. It was a great benefit to us.  Thank you.”

J.C., Hoffman Estates

“My husband and I were treated with courtesy, professionalism and understanding. The process was thorough, organized and detailed without being overwhelming.”

M.C., Glen Ellyn

“With all the day to day demands and uncertainties of a special needs family, it can be difficult to stop and plan for the future. This program made that process so much more accessible and affordable, it was perfect for our family. We are deeply grateful for your help.”

C.S., Downers Grove