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Special Needs Trusts

A special needs trust has many of the same elements as other trusts. To create one, you will need to select a trustee, identify the beneficiaries, and fund the trust with assets. The special needs trust, however is crafted to maximize federal benefits. The Medicaid program provides public assistance for food and shelter to physically and/or mentally impaired persons based on economic need. When someone inherits large sums of money, they are often made ineligible for further benefits. Since the Medicaid program is designed to help low income earning individuals, your family member may lose benefits.

Preserving Medicaid

Historically, when drafting a Will, the creator of the Will would simply disinherit the special needs family member so that they could avoid losing the eligibility to receive benefits provided by the government. Properly drafted, the special needs trust enables you to leave an inheritance while preserving those benefits because it supports and supplements the government aid rather than replacing it. For example, the trust can be drafted to take care of your loved one’s recreation and entertainment rather than food and shelter.

Privacy

An additional benefit of the special needs trust is that the payments made under the trust remain private. Keeping this information out of the public eye can protect your loved one from financial predators who may target vulnerable heirs.

Create a Special Needs Trust

Contact my office to create a special needs trust.

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