A special needs trust preserves access to public benefits for a disabled loved one, while still providing funds for daily care, therapies, transportation, and respite. By separating assets from the person, families avoid inadvertent disqualification and create a reliable funding stream that lasts beyond the immediate lifetime.
This approach ensures long-term stability, preserves access to essential services, and enables smoother transitions as family circumstances evolve.
Our North Carolina-based firm combines experience in estate planning and elder law with a compassionate, client-focused approach. We tailor documents, organize funding, and coordinate with caregivers and professionals to deliver a reliable plan that lasts for years.
We help you adjust the trust as family circumstances, health, and laws change, keeping the plan current and effective.
A special needs trust is a separate legal arrangement that holds assets for a beneficiary while preserving eligibility for means-tested programs. It allows funds to cover housing, therapy, transportation, and daily care without counting against public benefits, reducing the risk of disqualification. The trust is managed by a trustee who follows the instrument and applicable rules.
A special needs trust is typically considered for a child or relative with a disability when government benefits play a central role in funding care. It ensures that necessary resources can be provided without triggering benefit penalties. A plan should reflect family goals, assets, and care requirements, and designate a reliable trustee to carry out distributions.
Costs vary by complexity, trustee fees, and whether first-party or third-party structures are used. We provide transparent estimates after review. In North Carolina, attorney fees and court costs may apply, but long-term savings and benefits often justify the investment by protecting eligibility and ensuring continuity of care.
Yes, you can be a trustee if you understand duties and potential risks; many families choose a trusted family member. We recommend appointing a successor and a professional advisor to manage asset handling, tax reporting, and compliance.
When a beneficiary dies, payback provisions or remaining funds are addressed in the trust terms. Often, unused assets are directed to other beneficiaries or used for last expenses; consult your attorney for state-specific rules.
Planning timelines depend on complexity and funding, typically several weeks to a few months. Delays may occur if assets need transfer or if government approvals are required.
Documents commonly include birth certificates, asset lists, income statements, and current benefit letters. We provide a detailed checklist and help gather information to streamline drafting.
A revocable trust can exist but may affect benefits and tax rules; most SNTs are irrevocable for protection. We discuss risks and alternatives and help choose the right structure.
Coordinate with Medicaid, SSI, SSDI and related programs by ensuring distributions comply with rules and proper reporting. We prepare documentation and work with program representatives to minimize risks.
Working with a local attorney in Laurel Park provides familiarity with North Carolina law and access to in-person guidance. A local firm can coordinate with state agencies and support families through each step of the process.
