By: Brian D. Wyatt, Personal Family Lawyer

If you have a special needs child, there are some things you absolutely must know about estate planning. First, failing to plan will jeopardize any needs-based government benefits your child receives. That’s because California law (i.e., the laws of “intestacy”) will determine how much your child gets from your estate. Think of everything you own going in shares to all of your children, including your special needs child. He or she will suddenly have a lot of assets counting against the SSI and Medi-Cal limits. 

Second, your best planning option will likely be a revocable living trust that takes care of you and your dependents while you are alive and then directs your special needs child’s share into their own special needs trust if you pass away. A correctly drafted special needs trust will not only preserve your child’s access to benefits, it will also ensure those needs that aren’t covered by government assistance are covered. If appropriate, your child will travel, experience cultural events, play sports, have better transportation, receive better care, and even have cable TV. Who can live without cable TV?

Because estate planning is not just about reducing taxes but also about making sure your assets are distributed as you wish both now and after you're gone, you need to consider three questions before you begin your estate planning. 

1. Who should inherit your assets? 

If you are married, before you can decide who should inherit your assets, you must consider marital rights. States have different laws designed to protect surviving spouses. If you die without a will or living trust, state law will dictate how much passes to your spouse. Even with a will or living trust, if you provide less for your spouse than state law deems appropriate, the law will allow the survivor to elect to receive the greater amount. 

Once you've considered your spouse's rights, ask yourself these questions: 

• Should your children share equally in your estate?
• Do you wish to include grandchildren or others as beneficiaries? 
• Would you like to leave any assets to charity? 

By Ben Steelman
Staff Writer StarNewsOnline.com

Not everyone loves Trouble, but you have to envy her. The white Maltese was left $12 million by her late owner, hotel diva Leona Helmsley. Every few months, it seems, there's another media pooch or kitty like Trouble living in the lap of luxury, thanks to a human friend's last will and testament.

For most animal companions, though, life after their humans is hardly as easy - sometimes, even grim.

"We've heard horror stories," said Jon Sayers, an online entrepreneur. Some animals are quickly put down, against their owners' wishes. Sometimes, through mistaken identity, the wrong pet ends up being killed.

More than 55 percent of Americans don't have a last will and testament, according to a survey by FindLaw, the online legal reference site. If you don't write one, your pets could be thrown into jeopardy if you die unexpectedly.

"There's nothing in the law to protect pets after your death," Sayers said, "unless you put something in writing."

Heath Ledger’s parents work hard to fix the mistake Heath made when he didn’t update his will in time, don’t make the same mistake.  Just an update, Matilda will not be left out.

SYDNEY (AFP) - Heath Ledger's two-year-old daughter Matilda Rose will inherit the late Australian actor's entire estate, estimated to be worth 20 million dollars (16.6 million US), a report said Sunday. The 28-year-old actor, who died in New York in January from an accidential overdose of prescription drugs, had named his parents and sisters as the beneficiaries in his will, Perth's Sunday Times reported. The will, which has been probated behind closed doors at the Supreme Court in Perth, was made before Matilda was born, and there had been speculation that the child's mother, actress Michelle Williams, would lodge a claim.  But Ledger's father Kim has put an end to such speculation, revealing that Matilda will inherit the lot.

Read the whole article here.