Congress may also have failed to consider the potential unintended consequences of the act, Flaum says.

“I’m concerned that people will see this as a middle class special needs financial plan,” Flaum says. “It might enable people postponing planning to postpone more because they are more confused, or because they don’t think that planning can be done at a lower entry level or inexpensively. You might have people who fail to craft an estate plan. I see potential problems down the road.”

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