Special Needs Trust Attorney

Jared Tomassi • October 26, 2023

As a parent or caregiver of a loved one with special needs, it can be overwhelming to consider their financial future. What will happen when you are no longer able to care for them? A special needs trust can help ensure that their needs are met for the rest of their life. However, setting up a special needs trust can be a complex legal process. That's where a special needs trust attorney can help.


1. What is a Special Needs Trust? 

A special needs trust is a legal arrangement that allows a person with special needs to receive an inheritance, legal settlement, or other financial assets without jeopardizing their eligibility for government benefits. The trust is managed by a trustee who is responsible for disbursing the funds for the benefit of the person with special needs. A special needs trust can be used to pay for things not covered by government benefits, such as a personal caregiver, medical expenses, or recreational activities.


2. Why Do You Need a Special Needs Trust Attorney? 

A special needs trust attorney specializes in creating and managing special needs trusts. They can help ensure that the trust is legally sound and meets the specific needs of the person with special needs. A special needs trust attorney can also work with you to choose the right trustee and create a plan for the future.


3. How to Choose a Special Needs Trust Attorney 

When choosing a special needs trust attorney, it's important to find someone with experience in special needs planning and a deep understanding of the laws and regulations that govern special needs trusts. Look for an attorney who is compassionate, communicative, and willing to listen to your concerns. It's also important to choose an attorney who is licensed to practice law in your state, as laws governing special needs trusts can vary from state to state.


4. What to Expect from Your Special Needs Trust Attorney 

Your special needs trust attorney will work with you to understand your unique circumstances and help you navigate the legal process of creating a trust. They will provide guidance on choosing the right trustee, deciding on a funding source, and creating a plan for the future. They will also help ensure that the trust is legally sound and compliant with all applicable laws and regulations.


5. The Benefits of Having a Special Needs Trust Attorney 

Working with a special needs trust attorney can provide peace of mind and help ensure the future financial security of your loved one with special needs. A special needs trust attorney can help you navigate complex legal requirements, minimize tax liability, and protect your loved one's eligibility for government benefits. Having a special needs trust in place can also protect your loved one from financial exploitation.


Creating a special needs trust is an important step in securing the financial future of your loved one with special needs. Working with a reputable and experienced special needs trust attorney can help ensure that the trust is legally sound and meets the specific needs of your loved one. With the right guidance, you can rest assured that your loved one will be well cared for even after you are no longer able to provide for them.

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