A properly drafted special needs trust protects assets, preserves benefits like SSI and Medicaid, and ensures funds are used for the beneficiary’s needs without disqualifying programs. Our firm collaborates with families to align legal tools with daily living goals.
Coordinating planning measures can minimize estate tax exposure and improve resource management, helping families preserve more assets for loved ones while maintaining eligibility for essential benefits over multiple generations.
Choosing our firm means working with attorneys who listen, explain options in plain terms, and tailor strategies to your family’s values and budget. We focus on practical results.
Life changes, laws evolve, and benefits programs update; we provide periodic reviews and updates to keep the trust aligned with current needs and family goals.
A special needs trust is a separate legal entity created to hold assets for a person with disabilities, ensuring that government benefits remain available. It allows funds to be used for approved needs without directly giving the beneficiary ownership over assets. Typically funded with settlements, inheritances, or specific gift assets, the trust is managed by a designated trustee who follows the terms of the document and applies steady, prudent distributions to support daily living and future care.
The trustee is the person or organization charged with managing trust assets. They must follow fiduciary duties, keep accurate records, and act in the beneficiary’s best interests. Many families choose a family member, friend, or professional fiduciary. We help evaluate options, discuss duties, and set expectations so you select a trustee who communicates clearly and maintains accountability through regular reports and reviews.
Properly set up, a Special Needs Trust preserves eligibility for government benefits by keeping the beneficiary’s direct ownership separate from trust assets. Funds used for approved purposes typically do not count toward monthly income or asset tests. Mismanagement or improper funding can create gaps; we help guide compliant funding, distributions, and documentation to minimize risk for benefits and taxes over time.
Funding a Special Needs Trust typically comes from settlements, inheritances, life insurance proceeds, or cash gifts. The funding strategy should avoid creating a countable asset that would disqualify benefits, and it should align with the beneficiary’s immediate needs and long-term care. We guide families through the process, including tax considerations and proper documentation to ensure smooth implementation.
There is no fixed age for starting planning; many families begin in adulthood, especially when disability needs or guardianship considerations arise. Early planning provides time to gather documents, discuss goals, and build a durable framework. If concerns exist earlier, we can start with a flexible plan that grows with your family and adapts to future changes.
Medicaid payback is a requirement to reimburse Medicaid from the beneficiary’s estate after death, or from the trust, depending on the plan. Understanding this obligation helps shape funding and timing so assets are used effectively during life and minimized after death. We explain Medicaid payback clearly as part of planning so families can make informed decisions with confidence.
Timing depends on the complexity of the plan, needed documents, and whether funding is immediate. A straightforward trust and funding can take several weeks, while more detailed coordination may extend to a few months. We work to provide realistic timelines and keep you informed at each step as decisions unfold.
Revisions depend on the trust type; some trusts are revocable, while others are irrevocable with limited modification rights. We explain what is feasible within disability planning and help you assess options. If changes are needed, we guide you through the process and outline any implications for benefits and taxes.
Essential documents include current wills, powers of attorney, healthcare directives, asset lists, benefit notices, and any existing trusts. Having these ready helps us tailor the plan efficiently and avoid delays. We provide a tailored checklist and assist with gathering information, so the process stays organized from start to finish.
Starting with us is simple. Call or email to schedule a consultation, share basic details about your family, and receive an outline of next steps. We tailor the meeting to your timeline. We answer questions, discuss goals, and describe how we will work together to protect your loved one through careful planning.
