The answer depends on whether the parent passed away with a legal plan in place. For parents of children with special needs or a disability, having a legal plan is essential . A legal plan is more than just paperwork, it's protection for your child, to ensure their health and financial needs can be met, even after you're gone. For special needs parents, not having a legal plan can lead to two major problems. 1) The child will likely lose essential government benefits, and 2)