Interview by Miriam Bernard
Estate planning may not be something we want to think about, but for families with children who rely on long-term support, it’s something we can’t afford to put off. In a candid and heartfelt conversation in honor of August’s National Make-A-Will Month, estate planning attorney Will Ha sat down with us to share not only his professional insights, but his personal journey as a father of a child with special needs. He explained why proper planning can make all the difference in protecting the people who need us most.
Will Ha is not your typical estate planning attorney. Yes, he helps clients create wills, trusts, and other tools to protect their assets. But for him, this work is also deeply personal. His oldest son has a rare and severe form of epilepsy. This life-altering diagnosis led Will and his wife into a world of hospitals, therapies, and long-term care considerations. “My son is a big part of my ‘why’, in my choice to do estate planning exclusively,” Will shared. Will and his wife were forced to think about questions that most parents never have to ask, such as “Who will care for our son if we can’t? What happens to his services and benefits if something happens to us? How do we protect him, legally and financially, if he’s unable to advocate for himself?”
Parents of special needs children know these are not just hypothetical questions. For families with children who have disabilities, not planning can have serious consequences. Many of these children qualify for crucial government programs like Supplemental Security Income (SSI), or housing assistance. But if they receive an inheritance outright, even a modest one, they can lose eligibility for those benefits.
That’s where a Special Needs Trust (SNT) becomes critical. A properly structured SNT allows parents or relatives to leave money to a loved one with a disability without disqualifying them from means-tested government support. The trust can pay for things like therapy, education, travel, caregivers, or even a personal iPad. Anything that enhances the person’s quality of life but isn’t already covered by public programs.
Will’s lived experience gives him a level of understanding that many professionals simply don’t have. He knows firsthand what it feels like to navigate complex systems, juggle caregiving responsibilities, and think years or decades into the future. He’s not just an attorney explaining how trusts work, he’s a dad who’s sat in care meetings and hospital rooms. “I’ve had to ask myself, what happens to my child if I’m not here?” he says. It’s that combination of legal knowledge and personal empathy that makes Will uniquely qualified to guide other families through this emotional and important process.
In his practice, Will often works with parents who are just beginning to understand the stakes of estate planning. Many are focused on their child’s day-to-day care and haven’t yet considered what will happen in five, ten, or twenty years. Others are concerned about burdening siblings or don’t know who they can trust to manage a future inheritance responsibly. That’s why he encourages families to plan early, not because something bad is imminent, but because clarity is a gift. “You don’t have to know every answer right away,” he says. “But getting a plan in place means that if the unexpected happens, your child is protected, and your family has a clear roadmap.”
A comprehensive plan for a child with special needs might include:
- A Special Needs Trust to manage inherited assets without jeopardizing government aid
- Naming a successor trustee, someone who will manage the trust after the parents are gone
- Guardianship designations, if the child is still a minor or unable to make decisions independently
- Letters of intent that explain a parent’s wishes for the child’s daily care, routine, and preferences
- Medical and legal directives, like durable power of attorney or conservatorship, depending on the child’s age and capacity
Estate planning also helps parents avoid probate, the court-supervised process of settling an estate after death. Probate can be expensive, time-consuming, and emotionally draining, especially for a surviving spouse or adult child who may already be overwhelmed with caregiving duties. Setting up a trust helps families bypass that process and transfer control smoothly.
Of course, estate planning isn’t just for families with special needs. Will works with all kinds of clients including young parents, retirees, blended families, and single professionals who want to ensure their wishes are respected and their loved ones protected. But for families like his own, the stakes feel especially high
For those who feel daunted by the process or are putting it off because it’s an uncomfortable topic, Will encourages them to just try dipping their toes into the topic through short videos or articles. Will says, “Many people think estate planning is only for the wealthy, or that it’s so complicated it turns people off, and it’s easy to push the task off completely. But if they’re curious and have 5-10 minutes to watch a simple video and explore what the topic entails, it may be easier to get yourself to do it.” His Instagram page, @bitesizeestateplanning, is so-named because sometimes it’s easier to take a small bite out of a difficult topic, rather than sitting down to the whole meal.
Will also shared that many of the documents and processes do not require an attorney’s assistance, and can be completed independently. He equated this to learning to change the oil in a car. You can watch a video and learn to do it alone, but some people might feel more comfortable having a professional do it. Either way is valid, and it depends on each family’s personal needs and comfort level.
In a field that’s often seen as dry or intimidating, Will takes a radically human approach. He breaks down complex legal topics into easy-to-digest pieces and speaks openly about the real-life challenges behind the legal language. He knows that talking about death, disability, and finances can be overwhelming but also believes that facing those conversations head-on is an act of courage and love. Will shared, “Estate planning is just a mirror of how you love and care for the people around you.”
When he’s not with clients, Will is busy raising his two sons with his wife, Laura, at their historic craftsman home in Whittier, California. Their oldest son, Grey, continues to face medical challenges but their family loves being outdoors and spending time with the children’s grandparents and creating “core memories”. Their life is full, intense, and beautiful in its own way. It’s what fuels Will’s passion for helping others navigate their own journeys with clarity and compassion.
For families raising children with disabilities, or simply anyone who wants to protect the people they love, Will’s message is clear: start the conversation, get informed, and make a plan.
If you reside in California or New Mexico, you can learn more about Will and his firm — or book a consultation — at www.williamhalaw.com. For general information on special needs planning, Will recommends visiting the Special Needs Alliance website, where you can learn more and access a national directory of special needs planning attorneys. You can also find Will on Instagram at @bitesizedestateplanning.
When it comes to protecting your most vulnerable loved ones, the greatest gift you can give is a plan. The NODCC is so grateful to Will Ha for sharing his time and expertise with us for National Make-A-Will Month.