One of the biggest concerns families face is preserving eligibility for government benefits. Programs like Supplemental Security Income (SSI) and Medicaid can be critical, but they come with strict financial limits. If a child or dependent with special needs receives money directly—whether through an inheritance, settlement, or even a well-meaning gift—it can unintentionally disrupt those benefits.
That’s where a Special Needs Trust comes in. There are different types of Special Needs Trusts, and the right approach depends on your family’s situation. Many parents choose to create a third-party trust as part of their estate plan, which allows them to set aside funds now or through their will for future use. The key is making sure the trust is properly structured so it works the way it’s intended.
Beyond the financial side, it’s also important to think about who will step in to help manage things. Choosing a trustee is a significant decision, as that person will be responsible for handling the funds and making decisions in your loved one’s best interest. In some cases, families may also need to consider guardianship or other arrangements to ensure that medical and personal decisions are handled appropriately.
Another piece that often gets overlooked is how all of your accounts and assets are titled. Retirement accounts, life insurance policies, and other beneficiary designations should be reviewed carefully. If those assets are directed to your loved one outright instead of to a trust, it can create the very issues you’re trying to avoid.
At Simon Law Group, we work with families to put thoughtful plans in place that reflect both their financial goals and their personal concerns. This kind of planning is about more than documents; it is about knowing your loved one will be cared for after you are gone.
If you have a loved one with special needs and haven’t yet created an estate plan, or if your current plan needs to be updated, we’re here to help you take the next step with confidence.
To request a consultation, call (800) 709-1131 or use the contact form. The intake team will review the request before any consultation is confirmed.