I want to leave my house to my son, however, he's a bit slow and easily taken advantage of. So, I want to put the house in a Trust which con...

Question

I want to leave my house to my son, however, he's a bit slow and easily taken advantage of. So, I want to put the house in a Trust which continues past my death and allows him to live in the home for his lifetime but protects the home from his actions. He has no family so after his death I'd like the house left to a charity. How do I do this? Is there a type of trust that would accomplish this?

Answer

That is a very common and standard form of trust. The most challenging part is finding a trustee and a set of successor trustees (anyone can get hit by a bus) who are capable and willing to take on the duties involved in managing things for your son. Any attorney can help you set up a basic trust that would be revocable during your lifetime with you as trustee, in case who knows what happens and you need to revoke the trust, then becomes irrevocable with your chosen trustee in charge when you die, and lastly goes to charity once your son dies (although you might want to think about providing for his children should he have any, and then have it go to charity after THEY die). What you need/want is all VERY standard.

Answer

Is your son receiving any state disability benefits? You may want to consider a Special Needs Trust to benefit your son but also not to cause the loss of his benefits.

Its hard to say exactly what you need in a forum like this. You should contact an estate planning attorney in your area to discuss your options. If you cannot find one on your own, you can contact the county bar association for a referral.