A well-structured trust keeps assets beyond the beneficiary’s direct access while preserving eligibility for SSI, Medicaid, and related supports. It also provides a reliable source for housing, therapies, and adaptive equipment, reduces family burden, and supports long-term independence. Proper planning minimizes risk and helps families navigate evolving state and federal rules.
A comprehensive approach helps ensure ongoing eligibility for public benefits while providing funds for housing, healthcare, and essential supports, helping families plan with confidence.
Our North Carolina-based firm combines experience in estate planning, elder law, and family matters to craft practical, compliant plans that protect benefits and align with your family’s values.
We help transfer assets into the trust and complete necessary recordkeeping for ongoing administration.
A Special Needs Trust (SNT) is a vehicle that can hold assets for a beneficiary with a disability without immediately affecting eligibility for SSI or Medicaid. It allows funds to cover approved needs and enhance quality of life. In North Carolina, careful drafting is important to ensure compliance with state and federal rules. The right plan also specifies trustees, funding, and ongoing administration to adapt to changing care needs.
This option is appropriate for families or individuals who rely on public benefits and want to preserve those benefits while providing for supplemental supports. If there is a disability diagnosed early, or if long-term care is anticipated, a trust can offer flexible funding and protection.
Yes. If drafted and funded correctly, a special needs trust can preserve eligibility for programs like SSI and Medicaid. However, direct ownership of assets by the beneficiary can affect benefits, so it is essential to structure distributions and payback provisions carefully with professional guidance.
The trustee can be a family member, friend, or a professional fiduciary. The key is choosing someone responsible who can manage distributions, communicate with caregivers, and coordinate with legal and financial professionals as needed.
Funding typically involves placing assets into the trust through transfers, assignments, or updated beneficiary designations. It may include cash, property, or life insurance proceeds, all managed under the trust terms and used to meet the beneficiary’s approved needs.
Fees vary by complexity and region. You may encounter initial planning fees, trust setup costs, and ongoing administration costs for trustee services and document updates. We provide clear fee estimates up front and strive for transparent, predictable pricing.
Upon the beneficiary’s death, remaining trust assets are typically used to repay government programs for any benefits paid on the beneficiary’s behalf. After payback obligations are satisfied, remaining assets may go to successors named in the trust, according to the instrument.
Some trusts can be amended, depending on the trust terms and state law. We review the instrument with you to determine what changes are allowed and the steps required to implement amendments or, where permitted, termination.
Self-settled SNTs are subject to complex rules around payback and eligibility; in North Carolina, a trust often relies on third-party funding to minimize risk to benefits. A qualified attorney can help assess options based on your circumstances.
The timeline varies with complexity, but most planning and drafting can take several weeks to a few months. We begin with an initial consultation, followed by document drafting, review, and funding steps to complete the setup.
