Special Needs Trusts safeguard eligibility for Medicaid and Supplemental Security Income while enabling a disabled beneficiary to receive funds for housing, education, therapies, and recreation. The right trust structure can minimize disruptions during life transitions, reduce probate complexity, and provide families with lasting financial security that respects the beneficiary’s dignity and independence.
Holistic planning ensures medical, educational, housing, and legal needs are addressed together, creating fewer gaps and smoother transitions as life changes, so families can focus on daily care and growth.
Our law firm combines experience in estate planning, elder law, and probate to deliver cohesive solutions that respect family goals, avoid disputes, and promote lawful, ethical planning. We value clear communication, transparent pricing, and responsive service.
We offer ongoing counsel for amendments, beneficiary updates, and coordination with public programs to maintain compliance and effectiveness.
A Special Needs Trust (SNT) is a legal tool that allows for supplemental funds without disqualifying the beneficiary from essential government benefits. The trust holds assets and pays for needs beyond basic coverage, while keeping assets out of the beneficiary’s name. Setting one up involves careful choice of trustee, a clear list of permissible disbursements, and compliance with state and federal rules. An experienced attorney helps ensure the trust remains flexible, tax-efficient, and aligned with long-term care goals.
Typically, the trust is funded by someone close to the beneficiary, such as a parent, guardian, or family member, sometimes with support from a broader estate plan. Financing options vary, including cash contributions, liquid assets, or instructions for transferring assets upon death, all structured to preserve benefits.
Yes, when properly drafted, a special needs trust can preserve eligibility for programs like Medicaid and SSI. Distributions must be used for approved needs, and the trust must avoid direct distributions that would count as income to the beneficiary for benefits calculation.
Amendments are possible, depending on the trust terms and funding. Many trusts permit changes through a trust amendment or restatement. An attorney can guide you through necessary steps, ensuring continued benefit eligibility and alignment with evolving care needs.
A trustee can be an individual or a professional fiduciary. The right choice balances reliability, impartiality, and the ability to manage ongoing distributions and reporting. We help families evaluate candidates, discuss duties, and document appointment in the trust.
The timeline varies by complexity and funding. A typical process includes an initial consult, drafting, review, execution, and funding, often spanning several weeks to a few months. Clear communication and timely documents shorten the timeline significantly.
Costs include attorney fees for drafting and reviews, potential court filings, and trust administration charges. We strive for transparent pricing and can provide an estimate after a consult. Ongoing support may incur periodic reviews or amendments as needs evolve.
Yes. A special needs trust can work in conjunction with a will or other probate documents. Proper coordination ensures seamless transfers, avoids probate complications where possible, and maintains eligibility while supporting the beneficiary’s long-term needs.
To get started in Cavetown, contact our North Carolina office for an initial consultation. Bring any existing trust documents, lists of assets, beneficiaries, and questions about benefits. We’ll tailor a plan that fits your family’s goals and legal requirements.
Bring documentation of assets, current benefits information, personal identification, guardianship papers (if any), and a list of trusted family members or professionals. This helps us craft a precise plan and address your most pressing questions during the first meeting.
