Special Needs Trusts

Many families have a loved one that has a disability.  If that loved one is dependent on government assistance such as Medi-Cal or Supplemental Security Income (SSI) or has the potential to qualify at some point for “needs based” assistance, then you could be placing that assistance in jeopardy if the disable person were to receive an inheritance outright.  A special needs trust preserves the benefits while providing a resource to fund additional care for that person.  A well-drafted special needs trust, can provide additional care and support to allow your loved one to thrive.

There are two main types of special needs trusts: First Party Special Needs Trusts and Third Party Special Needs Trusts.  Because this area of law is complex, it is important to work with an attorney that is familiar with this area of law.  If the trust is not structured properly and compliant with the laws then it will be disqualified as a special needs trust and your loved one could lose their benefits until the inheritance is spent down entirely.

Contact us at Conway-Spatola Law to guide you and your family through all of the planning needs for a loved one with special needs.  We will discuss your concerns, plans and goals in order to create a plan to meet all your needs despite what the future holds.

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