Will my child have to ‘pay back’ the government for benefits if I leave them money in a special needs trust?

Currently, there is no ‘payback provision’ for a third party special needs trust, meaning you can leave your child money through a special needs trust, and direct where any remaining money will go should your child pass away before their trust is exhausted.  Most times, parents direct the remaining money to another child, or to a favorite charity. There is a payback provision for first party special needs trusts.