Establishing a special needs trust protects eligibility for government programs such as Medicaid and Supplemental Security Income, while allowing funds to support health, education, and quality of life. By working with a local attorney, families receive tailored guidance on eligibility rules, funding options, and ongoing trust administration.
Stronger protection against loss of benefits ensures continued access to essential services, while structured distributions support education, housing, therapy, and independent living. Clients appreciate predictability in plan administration and the ability to adapt to changing care needs.
Our firm combines local knowledge with broad planning insights. We listen to your goals, explain options in plain language, and prepare documents that stand up to scrutiny. You will have a dedicated attorney guiding you through every stage of the process.
We maintain open channels of communication, update beneficiaries and families on progress, and adjust distributions as needed to protect benefits and support daily living.
A special needs trust is a legal arrangement designed to supplement, not replace, government benefits for a person with a disability. It holds assets within a trust and provides for approved expenses while ensuring benefits programs remain available. Proper drafting and administration are essential to avoid disqualifying benefits. Beneficiaries cannot directly access trust principal; instead, a trustee makes distributions guided by the trust terms. Coordination with care providers, family, and public programs ensures funds support daily living, education, therapy, housing, and meaningful activities without jeopardizing eligibility.
The trustee can be a family member, a trusted friend, or a professional fiduciary. The best choice balances reliability, financial acumen, and impartiality. Consider the beneficiary’s needs, potential conflicts of interest, and the ability to manage ongoing reporting and coordination. We help families evaluate options, discuss appointment methods, and prepare documents that clearly define duties, compensation, and decision-making authority. This reduces ambiguity and supports smooth administration, even as life circumstances change.
Costs vary based on planning complexity, whether state filings are needed, and whether you engage the attorney for periodic reviews. Many families experience a predictable fee structure, including initial drafting, funding assistance, and optional ongoing trust administration. We discuss estimates upfront to avoid surprises.
Timeline depends on complexity, responsiveness, and whether court filings are required. A straightforward trust can be ready in weeks, while more comprehensive plans may take several months. We provide milestones and regular updates.
A properly drafted, properly funded SNT is designed not to disqualify benefits. It allows approved expenditures that complement benefits without making assets countable for program purposes. We carefully monitor distributions to stay within program rules.
Asset handling after death depends on the trust terms and state law. Often, assets remaining in the trust are used for the beneficiary’s final expenses and passed to named remainder beneficiaries, following applicable law and tax considerations.
Most special needs trusts are irrevocable, meaning a grantor cannot simply reclaim assets. Irrevocable structures provide stronger protection for benefits and clearer fiduciary duties. In some cases, a revocable trust may be used temporarily, but it requires complex planning to avoid benefit disruption.
Typically, families involve an estate planning attorney, financial planner, and disability care coordinators. Depending on needs, a trust administrator or accountant may also participate. The goal is to create a coordinated team that communicates clearly and meets reporting requirements. We help assemble and manage this team.
Trusts themselves are separate entities for tax purposes. Distributions may have tax consequences, and investment income within the trust is taxed at trust rates. It’s important to consult a tax professional to understand potential implications for the beneficiary and family.
Begin with a no-cost consultation to discuss your situation, goals, and constraints. We outline steps, gather documents, and provide a transparent timeline. After initial review, we prepare a customized plan and move forward with drafting and implementation.
