Special Needs Trusts

When you have a disabled family member, planning for their future can be overwhelming. This is when you need the experience of a law firm to walk you through the process and offer support. It is imperative to set up a special needs trust to ensure your family is cared for in your absence.

What is a Special Needs Trust?

A Special Needs Trust, sometimes called a Supplemental Needs Trust, is a tool to help a disabled person. Trust assets are not used in determining the disabled person’s eligibility for certain government benefits. Normally, assets in a trust will disqualify used to calculate one’s eligibility to Supplemental Security Income (SSI) and Medi-Cal. Special Needs Trust assets do not disqualify the beneficiary from these needed benefits, assuring the disabled person has access to needed resources. Ultimately, a Special Needs Trust is a replacement for you – if you cannot live forever, who will step in to preserve the care for the disabled person?

Two Types of Special Needs Trusts

There are two types of Special Needs Trusts – a third party trust and first party (or (d)(4)(A)) trust.

A third-party special needs trust is designed to hold assets given by someone other than the disabled person (a third party). Any adult, other than the beneficiary, can create the trust or serve as trustee. Assets held in the trust do not disqualify the beneficiary from Medi-Cal or SSI. After a beneficiary’s death, the trust assets pass to the persons named in the trust.

A first-party special needs trust, allowed under a Social Security Code ending in (d)(4)(A), is created to hold the disabled person’s assets. Only the disabled person, a parent, grandparent, court, guardian, or conservator can create a first-party trust. Assets held in the trust do not disqualify the beneficiary from Medi-Cal or SSI. After the beneficiary’s death, the remaining trust assets are often used to repay the State’s Medicaid (Medi-Cal in California) program for any medical benefits paid for the beneficiary. Any remaining assets pass to the persons named in the trust.

A Lifetime of Protection

By setting up a special needs trust for your disabled loved one you are assured peace of mind. You will have assurance in knowing they are cared for after you are gone.

Benefits are Preserved

A Special Needs Trust preserves the assets you willed to your disabled loved one. The trust ensures they remain eligible for the SSI and Medi-Cal benefits.

Ways an Attorney can Assist

We can help with a family’s long-term issues. Keyes Law Group, PC has more than a decade of involvement with elder law and estate planning. We understand you have a busy life; therefore, we offer half-hour consultation periods.

When seeking an estate planning attorney Bay Area attorney Milpitas office offers numerous legitimate full-service choices.

Our prices are affordable when doing South Bay CA estate planning. Call Keyes Law Group, PC, us who maintain a complete focus on elder law and estate planning.

Give us a call today, Keyes Law Group, PC can ensure your disabled loved one’s future is a bright one.

CARE WITHOUT JEOPARDIZING GOVERNMENT BENEFITS

Special Needs Planning

ADDITIONAL INFORMATION
Benefits of Making Sure Your Estate Is in Order Sooner Than Later
Professional Trustee: What Is It and Should I Use One?
Irrevocable Trusts: Pros and Cons in California

CLIENT TESTIMONIALS

"I have had the pleasure of working with the Keyes Law Group these past months. To date, Mr. Keyes has been a great asset to our family; helping to plan a trust and the appropriate tax strategies for us and the next generation. What has worked very well for my wife and I is the time Mr. Keyes has devoted to not only hearing our financial planning concerns, but to also take the necessary time to explain and offer options for us to consider. We have worked with tax attorneys and financial consultants over the years. For us, a successful relationship is one of the key factors that we strive for. Working with the Keyes Law Group has been a very good fit for us as we work to get our financial affairs in order." -- RY
"I can’t say enough great things about Keyes Law Group! They are thorough, caring, and extremely efficient! I send everyone I know to them for Estate Planning! They took such great care of my family and they have earned my business forever! Look no further than Keyes Law Group if you want a seamless process and to cover all bases for your estate! They aren’t just Estate Attorneys; they are family!" -SL
"The patience with helping us achieve our goal and the patience in breaking down the legalese into simple language that we could understand was very beneficial. We felt we were very well taken care of." -GR
"We truly appreciate your thoughts, ideas and time. I very much value your expertise and look forward to more dialogue about best ways to move forward, build healthier relationships with our children and their children and to pass on our values to the degree we are able." -R.Y.
"I was able to have a honest dialog with such an understanding, compassionate, and caring human being. Thank you." -Y.H.
"I've had the opportunity to work with Elijah for several years now. I started during a challenging situation with my mother and he was terrific. I'd say he's very responsive, reliable and exceptionally fair. Also very empathetic. It's refreshing to engage with him and feel that I'm being well taken care of and my needs are being met. His staff is also lovely and overall super accommodating." -I.S.
"It is very important to research and choose wisely when looking for an estate planning attorney. Did you know that the California State Bar Board of Legal Specialization has a unique recognition for attorneys who go beyond the regular requirements to practice Estate Planning? Elijah Keyes has this designation; Certified Estate Planning Specialist. He is extremely well versed with this specific area of law and is a strong advocate for his clients in estate planning, including establishing living trusts, wealth planning and family transfers, dynasty trusts, conservatorships, special needs trusts, elder law medi-cal benefits and planning, trust administration and probate. Thank you Elijah, for being a trusted resource for us and for our clients!" -M.H.
"Keyes Law Group helped our family through a very difficult time with estate planning. He's honest, transparent and genuinely cares about his clients. His own personal experiences have shaped his approach in working with people - especially older folks who might be more mistrusting. He can finesse difficult conversations with ease and for that, I'm forever grateful. 100% recommend!" -Y.V.
"Elijah was very helpful with editing our family trust after my wife passed away. He answered all my question in a timely manner and if he did not know the answer he found out quickly. He would take time out of day to reassure me that he had everything under control. He took his time to explain why he worded the trust the way he did and that I understood what it meant. Will use him again when the trust needs to updated." -D.

HOW CAN WE HELP YOU?