Can You Set Up a Special Needs Trust for Someone Who Doesn't Receive Government Benefits?

Because your father’s estate did not leave any money to your brother, you and your siblings will be able to establish a third-party special needs trust with some of your inheritance in order to take care of your brother, even though he doesn’t receive government benefits.  If your brother had received an inheritance directly, a parent, grandparent, guardian or court would have to establish a first-party special needs trust to hold his money.