Burbank Special Needs Trust Attorney
California Special Needs Planning Lawyer
“Failing to plan is planning to FAIL.” - Ben Franklin
Legal Estate Planning for Beneficiaries
with Special Needs
"LA LAW Elder Law Lawyers are committed to helping families protect
loved ones with special needs. If you have a disabled person in your life, make sure you carefully plan the long term care issues that will protect his/her government benefits eligibility. "
The laws dealing with Special Needs Trusts are a bit complex, and definitely not something to be set up on Legalzoom.com or through a source that does not understand the exact legal process required ensuring a special needs person remains qualified for government benefit programs. When you have a disabled loved one and decide to set up your Estate Planning Documents, it is important to carefully establish protection for the disabled loved one. Because you always want to provide for your family members during your lifetime, and then upon your incapacity or death, you want to give your assets to the correct individual(s) you can trust to take over the care and protection of this disabled family member. It is important to do this, to keep the disabled person qualified for government benefits (SSI, SSDI, Medi-CAL, etc.) while can saving every last penny and avoiding taxes or court cost possible.
Receiving an Inheritance? How Do You Avoid Losing SSI Benefits… Set up a Special Needs Trust
When establishing your Will and Trust to leave your money to your loved one, you must have an experienced Special Needs Lawyer to establish a Special Needs Trust so the disabled person will NOT lose their government benefits. If you do not set up language in your trust for a Special Needs Trust, this can disqualify any government assistance until the inheritance is totally spent.
The SSI program requires that a person receiving SSI benefits have less than $2,000.00 in assets. If a disabled person receives an inheritance in excess of $2,000, he or she will lose the SSI benefits. It could be a major problem to lose these benefits, especially the medical portion of SSI. After the inheritance money is spent, the disabled person will be required to reapply for SSI. All of this can be avoided if anyone expects to give money to a disabled child or loved one has an Elder Law Lawyer establish a Special Needs Trust for that person.
LA LAW Special Needs Attorneys can help you provide for and protect your disabled child or loved one. We can help you feel secure that your child will be taken care of and live as independently as possible in the family home or other comfortable environment while not losing the Social Security benefits.
Only experienced elder law lawyers should be trusted to help you legally meet all of the State rules related to planning for the disabled to ensure the disabled person remain eligible for SSI, SSDI, Medi-CAL, etc. If you make a mistake or take a short cut in this legal planning effort, this could be a disaster for your family! LA LAW Elder Law Lawyers are prepared to take immediate steps to protect the disabled loved one in your life!
LA LAW Special Needs Attorneys offer Free Consultations and will work on emergency time frames… if you expect to have money to be given to the disabled person you should call us immediately!
Of Course, pre-planning is the best method of protecting a disabled person! If you wish to leave an inheritance to a disabled or aged family member on SSI, Medi-CAL, Veteran’s Benefits, etc., it is critical to set up a system to have the inheritance or any distributions sent to a 3rd Party Special Needs Trust. This ensures the person will not be disqualified from government benefits programs.
Sometimes, lawsuit proceeds or an inheritance from a family member may threaten the eligibility of a person on Medi-CAL or SSI.
LA LAW Special Needs Attorneys can go to court to have a 1st Party Special Needs Trust created that will allow the person to maintain eligibility in the government needs program.
Special Needs Trusts (“SNTs”), also knows as Supplemental Needs Trust, are created to hold assets that are for the benefit of a person that may be on a public need program. These specially designed trusts are legal documents that ensure that any funds or assets in the trust are to be used for the "benefit" of only the special needs beneficiary. These assets will put into the trust in such a way that they not be considered (by government assistance programs (SSI, SSDI, Medi-CAL, Veteran’s Benefits, etc.) funds that will disqualify eligibility for public benefits.
SNTs are meant to provide for services, comforts, and better quality of life benefits that can not be paid for by the public need program. The Trustee is able to pay for education, recreation, personal care and comfort, and many other things that the particular public need program will not cover. This may include payments for a companion, and perhaps other quality of life enhancements.
We are happy to discuss the opportunities to assist families of disabled children and especially adult disabled children through establishing Special Needs Trusts. Doing this gives parents peace of mind that their children will be taken care of for the rest of their lives!
Our clients are business owners, individuals and families located in Southern California, including the cities, areas, and counties of Los Angeles, Burbank, Burbank, Pasadena, Riverside, San Bernardino, Ventura, Riverside, Santa Barbara, San Fernando Valley, Santa Clarita Valley, San Gabriel Valley, Sherman Oaks, Van Nuys, Hollywood, North Hollywood, Encino, and Woodland Hills. We have successfully represented and assisted clients in Central and Northern California, as well as helping individuals in cities throughout the United States that have family members or business interests in California with legal needs.
After a thorough review of the best strategies for your estate and special needs planning and our fees for the scope of work, we will structure a comprehensive estate plan created specifically to protect your assets, your loved one and allow you to stay in control of your life and your money.
Our Law Office is located in Southern California; however, we serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free 30 minute consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.
Call us at: (818) 241-4238