Special needs estate planning is a way to protect and care for a loved one with disabilities, now and in the future. It helps you create a plan so that your relatives can have financial security, access to government benefits, and trusted support after you are gone.
Without the right plan, a simple gift of money or property could cause your loved one to lose important public benefits. Special needs estate planning helps you avoid this risk while making sure your family member lives with dignity and support.
Our Texas special needs trusts lawyer will help you create a plan that works for your family’s unique needs. You can learn more about your next steps during a free consultation.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
Why Special Needs Estate Planning Matters
If you have a child or family member with disabilities, you probably already know that caring for them takes planning and resources. You also know that government programs, such as Medicaid or Supplemental Security Income (SSI), help cover some of their needs.
However, these programs have strict limits on how much money or property a person can have. If you leave an inheritance directly to your loved one, they might lose those benefits.
Special needs estate planning allows you to give extra support to your loved one without risking their eligibility for public benefits. It gives you peace of mind and helps your loved one thrive.
For a free legal consultation, call (800) 562-9830
What Should You Include in a Special Needs Estate Plan?
A good special needs estate plan can include several tools and documents. Our attorney will help you choose what is right for your family.
Some common parts of the plan include:
- Special needs trust: This trust holds assets for your loved one’s benefit. Money in the trust does not count against government benefit limits. A trustee manages the trust and uses the money to pay for things like extra care, education, hobbies, or travel.
- Will: A will states who should receive your property after you die. It can also direct assets into a special needs trust rather than giving them directly to your loved one.
- Guardianship plans: You may want to name a guardian who will take care of your loved one if you die or can no longer help.
- Powers of attorney: These documents allow trusted people to make decisions for your loved one or help manage their financial and legal matters.
- Letters of intent: This is a letter you write to future caregivers. It shares your wishes, your loved one’s needs, and other important details about their care.
How an Attorney From Our Firm Can Create a Plan for You
Planning for a loved one with disabilities is not simple. Each family’s situation is different, and the rules about benefits and trusts can be complex. This is where an experienced special needs trusts attorney from our firm can help.
We know the law and how to build a plan that protects your loved one. We will help you:
- Understand your options: We explain how special needs estate planning works and which tools fit your situation.
- Create or update your plan: We draft legal documents that follow state law and federal benefit rules.
- Protect government benefits: We ensure your loved one stays eligible for SSI, Medicaid, and other programs.
- Plan for care and support: We help you name trusted people to manage money and care for your loved one.
- Avoid common mistakes: We guide you so that you do not accidentally put your loved one’s benefits at risk.
When Should You Start Special Needs Estate Planning?
It is never too early to start. In fact, the sooner you create a plan, the better prepared your family will be.
You should consider special needs estate planning if:
- You have a child or adult family member with disabilities.
- You are a parent, grandparent, or relative who wishes to leave money or property to a loved one with special needs.
- You want to name someone to care for your loved one if you cannot.
- You have a will or trust but are unsure if it protects your loved one’s benefits.
Life can change quickly. A good plan helps you stay ready for the future.
Common Questions About Special Needs Estate Planning
Planning for the future of a loved one with special needs can raise many questions. Below are answers to some of the most common concerns families have when starting the special needs estate planning process.
What Is the Difference Between a Regular Trust and a Special Needs Trust?
A regular trust gives money or property directly to the person named in the trust. If that person receives public benefits, this gift might make them lose eligibility.
A special needs trust holds the money without affecting benefits. The trust can pay for things not covered by public programs, such as extra therapies, a better wheelchair, or fun activities.
Who Can Manage the Special Needs Trust?
You will choose a trustee, which is someone you trust to manage the money and follow the trust’s rules. This can be a family member, friend, lawyer, or professional trustee.
Will My Loved One Lose Medicaid or SSI If I Leave Them Money?
Without a special needs trust, receiving money or property directly could cause your family member to lose eligibility for these programs. That is why it is so important to use proper planning.
Special Needs Estate Planning Checklist: Preparing for the Future
Here is a simple checklist to help you think about your special needs estate plan:
- Have you talked to a lawyer about your loved one’s future needs?
- Do you understand how a special needs trust works?
- Have you updated your will to protect your loved one’s benefits?
- Have you named guardians or trustees you trust?
- Have you written a letter of intent to guide future caregivers?
- Are other family members aware of how to leave gifts safely (for example, by naming the trust in their wills)?
If you are unsure about any of these steps, it is a good time to speak with our attorney.
We Are Ready to Help You and Your Family — Call Us Today
At Marc Whitehead & Associates, we know that caring for a loved one with disabilities takes love, effort, and planning. We have been helping Texas families with disability-related legal needs for over three decades since 1992.
We will explain what special needs estate planning is and how it can help you and your family.
