A Last Will and Testament, commonly known as a "will," is a legal document where a parent can outline how their property and belongings should be distributed upon their death. A will can even contain instructions that certain funds be transferred to a Special Needs Trust at the willmaker's death. Importantly, it also names a Tutor (known as a Legal Guardian in other states) to have physical custody over their child or children in the event the parent passes away while the child is a minor. 

          Without a will, the parent leaves behind no instructions on what to do with their property. Under this scenario, the state steps in to make all the decisions of how your property will pass and also decides who will be named a Tutor for your minor children. The state will never transfer a parent's property and belongings to a Special Needs Trust for your child with special needs. If the state distributes an inheritance to your child, it will be given outright, which may disqualify your child from the public benefits of Supplemental Security Income (SSI) and Medicaid.