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Book Consultation
984-265-7800
Book Consultation
984-265-7800
Book Consultation
984-265-7800
A properly crafted special needs trust preserves eligibility for programs such as Supplemental Security Income and Medicaid while delivering funds for education, healthcare, and daily support. By isolating assets within the trust, families reduce the risk of disqualifications and ensure continuity of care without compromising essential benefits.
Efficient coordination across professionals helps prevent duplicative work and ensures benefits remain intact. This approach supports guardians, caregivers, and beneficiaries with a unified strategy, strengthening the structure that safeguards future needs.
Hatcher Legal brings a collaborative approach to estate planning, probate, and disability planning in North Carolina. We listen carefully, tailor strategies to your family, and provide practical guidance that respects values and goals while ensuring compliance with applicable laws.
We provide periodic reviews, document updates, and client education to ensure ongoing compliance with regulations. This steady oversight helps prevent unintended consequences and keeps the plan aligned with evolving public benefit rules.
A Special Needs Trust SNT is a legal tool designed to supplement a disabled beneficiary’s quality of life without jeopardizing eligibility for government supports. It holds assets in trust, with distributions directed to everyday needs and special care, rather than giving cash directly.\n\nCareful trustee selection and clear distributions keep benefits intact while providing security. Regular reviews with your attorney help adjust the plan as health and finances change, ensuring the trust remains a durable resource for ongoing care.
A trustee carries responsibility for managing investments, distributions, and reporting. This role can be filled by a trusted family member, a professional fiduciary, or a hybrid arrangement. The key is to choose someone who communicates well and understands your goals for care.\n\nDocumenting duties, decision-making authority, and successor plans in a written agreement helps prevent later disputes. Regularly reviewing the selection keeps the arrangement aligned with changing needs and keeps the beneficiary’s interests at the center.
Yes. A properly structured SNT is designed to preserve access to SSI and Medicaid while providing supplementary funds for care, education, and enrichment. It uses distributions from the trust to meet needs without counting as directly owned assets.\n\nBeneficiaries and families should work with counsel to ensure compliance with program rules and state law so that benefits remain available when they are needed most. Ongoing oversight helps address changes in eligibility criteria and ensures funds are used appropriately.
A first-party trust uses assets belonging to the beneficiary to fund the trust, typically created with funds the beneficiary already owns. Care is taken to ensure distributions support daily living needs while not disqualifying benefits, and the trust is managed under applicable regulations.\n\nThe choice depends on funding sources and long-term goals. Counsel can help determine whether a first- or third-party approach best maintains benefits while achieving the desired care outcomes for your family.
Funding a special needs trust can come from multiple sources, including cash gifts, inheritances, or life insurance proceeds. The key is to structure the funding so that distributions support care without compromising eligibility.\n\nWe guide clients through practical funding strategies, coordinate with accountants, and ensure recorded provenance for assets. A well-funded trust can begin to provide stability soon after documents are finalized and managed carefully thereafter.
When a beneficiary passes away, remaining trust assets are typically distributed according to the trust terms, often with protections for surviving dependents and beneficiaries. If the trust has a payback provision, state programs may claim assets for reimbursements.\n\nProvisions should be drafted to minimize disruption while ensuring resources are available for ongoing care costs. A proper plan addresses potential gaps and clarifies how final arrangements are settled for all parties involved.
In many cases, a court involvement is not required to establish a special needs trust if it is funded correctly and aligned with state law. A well-drafted trust can operate privately while meeting eligibility requirements.\n\nIf you anticipate disputes or complex funding, we can discuss petitions or guardianship alternatives. Our goal is to keep the process straightforward while protecting care needs through clear documentation and open communication.
Trusts should be reviewed periodically to account for changes in health, family dynamics, and benefit rules. Regular check-ins help ensure distributions remain appropriate and the trust still aligns with your goals.\n\nWe recommend annual or semi-annual reviews, with updates when major life events occur. Keeping documents current helps avoid surprises and maintains eligibility while supporting the beneficiary’s evolving needs throughout adulthood.
Costs vary by complexity, but many practices offer predictable pricing for trusts, including document drafting, funding, and initial setup. Compare fees, timelines, and included services to ensure you receive value that fits your family.\n\nAsk about ongoing maintenance costs, intervals for review, and what is covered in updates. A clear understanding helps you plan and prevents unexpected expenses as your plan matures over time.
For special needs planning, start by speaking with an attorney who specializes in estate planning and disability planning. We can explain options, tailor solutions, and help you understand the steps.\n\nContact our Seagate office to schedule a consultation. We will listen to your family’s priorities, review relevant documents, and outline a practical path toward lasting care and financial security for everyone involved.
