San Jose Special Needs Trust Attorney
When you have a disabled family member, planning for their future can be overwhelming. Providing for a disabled family member requires careful thought and proactive steps. Many parents worry about how their child will maintain essential benefits like Social Security and Medicaid after they pass away. Early planning allows you to protect your loved one’s inheritance while ensuring they still qualify for government aid.
Our firm helps you establish a special needs trust tailored to your specific circumstances. We offer guidance on the long-term management of assets to ensure your family member has a secure future. Get in touch with an experienced lawyer today to start building a plan that offers lasting peace of mind.
Contact us for a free consultation to discuss your options and which special needs trusts suit your needs.
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 be 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?
What Are The Two Types of Special Needs Trusts?
There are two types of Special Needs Trusts – a third-party trust and a first-party (or (d)(4)(A)) trust.
Third-Party Special Needs 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.
First-Party Special Needs 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.
How An Attorney Can Assist With Special Needs Planning
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. Whether you need guidance on probate matters, inheritance disputes, or trusts, our team can help.
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. Keyes Law Group, PC, us who maintain a complete focus on elder law and estate planning.
Schedule a Free Consultation Today To Get Started
Planning for a loved one with special needs requires careful attention to both financial stability and long-term care. In San Jose, families often face important decisions about how to structure special needs planning without disrupting access to public benefits. Each choice can directly impact a child’s future and overall quality of life.
Keyes Law Group, PC’s approach focuses on practical solutions tailored to your family’s goals. Whether you are beginning special needs planning or revisiting an existing strategy, we help you take clear, informed steps that support stability and continuity.
Call 408-443-2397 for a free consultation to ensure your disabled loved one’s future is a bright one.