Georgia's Trusted Healthcare
& Medical Provider Attorneys

Creating A Special Needs Trust Is Easier Than You Think

Special Needs Trust, Attorney, Georgia, Atlanta, Duluth, Jeyaram & AssociatesWe all know putting into place a will and special needs trust is extremely important to help protect our special needs child now and in the future.

But with all the doctors appointments, therapies, calls to the insurance company and specialists, school work and not to mention laundry, bath time and meal preparation, finding the time to put into place a will and special needs trust seems impossible.

On most days, we’re lucky if we get to drink our cup of coffee while it’s still lukewarm. (I know I gave up the hope of drinking hot coffee a long time ago!)

No, Really. It’s Easier Than You Think

However putting into place a special needs trust really is easier than you think, and the process simply starts with a phone call or an email. Seriously. A phone call or email. That’s it.

When you call us, we’ll get your name and email address and then you’ll receive a questionnaire to complete. Don’t worry – it’s not like applying for a home loan or taking the SAT. And the good news is, you’ll already know most – if not all – of the answers.

Seriously, we ask things like your name, address, your child’s name and disability, a list of your assets, and whom you’d like to take care of your child if something were to happen to you.

No Right Or Wrong Answers

Most of these are answers we can recite in our sleep. No prep needed and there are no right or wrong answers. Further, don’t worry if you don’t know all the answers or if you have questions (like whom you should name as your child’s guardian). We’re here to help you, and we will guide you through the process to ensure that the special needs trust best meets your family’s needs.

Once you complete the form, I’ll review it and follow up with you if I have any questions. And then, a draft of your will and the special needs trust is created and sent to you to review.

We’re Here To Help You

We know you’re busy and adding one more thing to your “to-do” list seems daunting. But setting up a special needs trust is an important legal document to help protect your family and child with special needs. My email address is or you can call me at 678.325.3872. And when you come to the office to sign your will and special needs trust, I’ll have a hot cup of coffee waiting for you. 🙂

How To Choose A Trustee

Trustee, Trust, Will, Estate Planning, Attorney, Lawyer, Jeyaram, Georgia, AtlantaWhen you set up a trust to protect your assets and finances, one of the most important decisions you will make is who will serve as your trustee.

The trustee (or trustees) is someone who will manage your money and property if you become incapacitated (living will) or for the benefit of others after you pass.

The trustee has a lot of authority, so it’s important to select someone you not only trust and have great confidence in, but also:

  • Makes smart financial decisions
  • Is responsible
  • Can meet deadlines (ex. paying bills on time and filing taxes)
  • Has a healthy relationship with your family
  • Is good at communicating as many decisions and ongoing conversations will need to occur.

Trustees are most often a family member or an institution. Following are some benefits and disadvantages to both:

Family Member

Perhaps the biggest benefits of selecting a family member as a trustee is that they may not charge you a fee to be the trustee and most likely, they have a good understanding of how your family works and what it needs.

However, on the flip side, if you choose a family member to be the trustee it could lead to conflict or resentment especially if there is a separate guardian involved for a minor child or disabled adult. Further, the family member may not have financial prowess and may need to hire someone to help them.

Finally, the family member could become incapacitated, get divorced or pass away. As a result, if you select a family member as a trustee, it’s important to name a successor trustee.

An Institution

If you choose a bank or financial institution as the trustee, there is stability (it most likely won’t die) and more likely financial acumen than a family member. The bank can handle any investments, tax preparations, management, and accounting of the trust’s finances. Further, the bank is regulated by federal laws and uninvolved in family politics.

The downside of naming a bank or financial institution as a trustee is cost. Sometimes banks have a minimum fee. This may make banks cost-prohibitive for small trusts. Further, while the bank may not die, employees at the bank can change frequently making it difficult to build relationships.

Still Not Sure?

Choosing the right trustee is an important decision and can be stressful as there are many factors to consider. However, an experienced estate planning attorney can help you determine whether a family member or an institution will be the best choice for you based on your wants and family’s needs.

We’re Here To Help

DJ Jeyaram is an experienced estate planning attorney who specializes in helping families create trusts – including identifying the best trustee – to meet their needs and situations.

You will work directly with DJ in creating a will or trust that reflects your family. DJ can be reached at or 678.325.3872.

Most Important Item On Your “To-Do” List That Never Gets Done: Create A Will

Wills, Trusts and Estate PlanningEveryone, yes, everyone, needs a will, trust or estate plan. Most of us know we need a will. Most of think about it. And then we put it on our “To-Do List” and forget about it until we hear about someone who recently lost a loved one. And then we think about it again, and put it back on our “To-Do List” – only to forget about it again.

However, completing a will, trust or estate plan is one of the easiest things you can do to protect your loved ones and your assets.

Jeyaram & Associates can help you protect what’s most important to you with a will, trust or estate plan. We’ll walk you through the process, step-by-step – without all the legal jargon. No one likes to think about dying, but having a legal plan in place can make your passing much easier on your loved ones.

Contact DJ Jeyaram: or 678.325.3872