Special Needs Trusts help families preserve assets for a loved one while safeguarding eligibility for government programs like Medicaid and SSI. They provide assets for daily needs, education, housing, and healthcare, with professional management by a trustee. This service offers peace of mind through careful planning and compliant drafting.
Stable planning reduces the need for repeated court actions, minimizes disruption to daily life, and ensures consistent management of trust assets even as family dynamics change. This fosters confidence for caregivers and beneficiaries alike.
Choosing our firm means partnering with attorneys who understand North Carolina law and the practical realities of caring for a family member with special needs. We provide transparent guidance, careful drafting, and ongoing support.
Part two provides exit planning, estate tax considerations, and transition strategies to protect the beneficiary’s interests during major life events.
A Special Needs Trust (SNT) is a legal tool that holds assets for a beneficiary with disabilities, allowing funds to supplement care without disqualifying government benefits. It is typically drafted with a trustee and specific distribution rules to protect eligibility. A well-structured SNT can provide ongoing financial support while preserving public benefits, with careful consideration of family goals and future care needs.
A properly drafted SNT does not affect standard disability benefits calculations in many cases, because the trust is not counted as a resource when established and funded correctly. The document’s terms specify distributions for supplemental needs rather than regular income. We evaluate your family’s situation to tailor the trust for Medicaid, SSI, housing assistance, and other supports, ensuring the plan works with existing programs. Ongoing reviews keep you up to date with policy changes.
A trustee should be someone reliable, financially literate, and willing to communicate openly with family and professionals. This role can be a family member, a friend, or a professional fiduciary. We help you select a trusted individual or institution and document their duties, powers, and fiduciary responsibilities clearly in the trust.
Costs vary based on complexity and ongoing administration. Initial drafting, funding guidance, and regular reviews are typical components. We provide transparent pricing and discuss anticipated fees upfront, so there are no surprises. Ongoing maintenance may involve annual or periodic reviews to keep the plan current with laws and needs.
Funding a Special Needs Trust with life insurance is possible and common. Proceeds can be directed to the trust to supplement care, while avoiding disqualification of benefits if structured properly. We tailor the funding strategy to your family’s unique situation and ensure policy provisions align with trust rules.
If laws or program rules change, a well-drafted SNT allows for amendments or updates to preserve eligibility and effectiveness. We monitor policy developments and can adjust the trust terms, funding, or administration while minimizing disruption to the beneficiary’s care and benefits.
The timeline depends on complexity, assets, and your readiness. A typical process spans several weeks to a few months, including goals dialogue, document drafting, review periods, and funding. We work with you to establish realistic milestones and keep communication open throughout.
You can maintain control through appointing a trusted trustee and setting clear distribution rules. While the assets are held in trust, you decide how funds are managed during planning and can adjust as needed with trustee cooperation and court or program compliance.
Regular reviews are advisable, especially after major life events, changes in health, or shifts in benefits rules. We typically recommend at least annual check-ins and more frequent updates when circumstances require. This helps ensure ongoing protection and relevance.
Bring a list of family members, beneficiaries, existing wills or trusts, asset details, and any government benefits you currently receive. Also note caregiving objectives, desired guardians, and any concerns about future care to help us tailor the plan.
