Planning for the future of a loved one with special needs is one of the most important steps you can take to ensure they are cared for while preserving their eligibility for essential government benefits. A Third-Party Special Needs Trust allows family members to provide financial support without interfering with benefits such as Supplemental Security Income (SSI) and Medicaid.
At the Meier Law Firm, we understand the unique challenges families face when planning for a loved one with special needs. We’re here to help you create a plan that protects their future, provides long-term security, and gives you peace of mind.
A Third-Party Special Needs Trust is a special type of trust created by a parent, grandparent, or other family member to benefit a loved one with special needs. Unlike a first-party special needs trust, which is funded with the beneficiary’s own assets, a third-party trust is funded with assets that never belonged to the beneficiary—such as an inheritance, life insurance, or gifts from family members. Because these assets are not owned by the individual with special needs, they do not count against their eligibility for government benefits.
Families often establish a Third-Party Special Needs Trust to:
Once a Third-Party Special Needs Trust is established, family members can fund it through gifts, inheritances, or life insurance proceeds. The trust is managed by a trustee, who oversees distributions to benefit the individual with special needs. Funds from the trust can be used for a variety of expenses, including:
✔️ Medical treatments and therapies not covered by insurance
✔️ Education and job training programs
✔️ Travel and recreational activities
✔️ Home modifications and assistive technology
✔️ Personal items, hobbies, and quality-of-life enhancements
Because the trust is structured correctly, these funds do not count as assets belonging to the beneficiary, allowing them to maintain their eligibility for government assistance.
At the Meier Law Firm, we help families create comprehensive plans to protect their loved ones with special needs. Our team can guide you through the process of establishing a Third-Party Special Needs Trust, selecting the right trustee, and ensuring your plan aligns with your family’s long-term goals.
We know this process can feel overwhelming, but you don’t have to navigate it alone. Schedule time to talk with our team today, and let’s create a plan that gives you peace of mind.
Notes:
First, you’ll attend a planning session with us to discuss your child’s needs and your options.
We’ll identify what legal strategies will work best for your family members to create a customized plan.
You’ll have peace of mind knowing that your child with special needs gets the care they deserve— no matter what.
Work with The Meier Law Firm for your Special Needs Trust and Conservatorship to protect your family members, provide the care they need, and give you the peace of mind you deserve!
The Meier Law Firm will help your family with compassionate legal care. To get started on protecting the future of your loved one’s needs, book your planning session or give us a call.
The Special Needs Workshop is for parents and grandparents of a child with a disability. Through real-life stories and easy-to-understand legal principles, our presenters help parents understand the legal and practical steps they must take to ensure a lifetime of love and care for their child.
Our presenters are personally involved with organizations that benefit children with mental or physical disabilities. They are committed to helping parents obtain the services, care, education, and future their family deserves.
At The Meier Law Firm, we know that planning for the future can be overwhelming. However, special needs planning is crucial for ensuring that your child with a disability will have a secure future. We aim to help you create a special needs trust to protect your child. We want to help you create a trust that best benefits your loved ones.
Contact The Meier Law Firm today if you need help creating a special needs trust. Call now to book your planning session.
Our overall experience was one of satisfaction as well as a learning experience. The people at The Meier Law Firm are extremely knowledgeable within Family Trust planning. They did a good job of explaining each step of the process in a manner that we could understand. They were always punctual when meeting with us, and the meetings were always concise and comforting. They were also pleasant and friendly.
My brother had lost his living trust documents. Suddenly, we found out he has stage 4 cancer. We called Meier and they were able to put together an updated trust in less than a week. Everyone at the firm was wonderful and caring. Melanie was our attorney. If you are looking for a caring, honest law firm, Meier is the one for you!
Our experience with the Meier Law Firm was positive from our first meeting with Jessica, through the final product we received last week. Very professional yet personable. Every question was answered & suggestions made to simplify our Trusts. Their attention to detail gave us confidence in their work.
We were introduced to Meier Law Firm through a learning session at our daughter’s school district. We eventually decided to establish a family trust, as well as a special needs trust, through their firm. The team at Meier Law Firm were professional and incredibly responsive to our family’s needs. I highly recommend their legal services.
Just thinking about creating a trust or a will can be overwhelming. But Meier Law Firm makes it easy. They tell you what you need to know, ask all of the right questions, & provide great practical suggestions along the way that go far beyond the legal checklist. Highly recommend them for personal, professional service to deliver what you need in a timely manner.
Not only do they provide expert guidance; they will walk the journey with you step-by-step to help with your family trust. They execute at high levels, are very responsive, and deliver the optimal results within difficult situations. You definitely want Meier Law Group on your side of the table. I give my highest recommendation!
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In Good Parents Worry, Great Parents Plan, estate planning attorney and mother Laura Meier shows you the legal and practical steps you must take to protect your children from temporary foster care, courtrooms, loss of inheritance, and other turmoil most kids experience when their parents pass away.
“Laura Meier’s The Family Nest Egg gives parents the tools they need to find confidence, stop worrying, and secure the financial future for their loved ones. Laura’s real-life stories and actionable advice make this read a trustworthy resource for budgeting, investing, and preparing for a financial crisis.”
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A special needs trust is a fiduciary relationship between a grantor, trustee, and beneficiary. The grantor creates the trust and defines how the trust funds should be used and distributed. The grantor also establishes a trustee responsible for the trust funds. Finally, the beneficiary is the person who receives the special needs trust funds.
The purpose of a special needs trust is to provide the beneficiary with assets while maintaining their eligibility for needs-based public benefits. A special needs trust is one of many great estate planning tools that could help you plan for your child’s financial future.
A special needs trust is sometimes revocable or sometimes irrevocable, depending on how you set it up. If it is revocable, you can change the terms. If it is irrevocable, you cannot change the terms. You will want to talk with a special needs trust lawyer to determine whether the special needs trust should be revocable or irrevocable. Typically, even if a special needs trust is revocable, it becomes irrevocable if the grantor dies or funds are left to the trust.
While hiring a lawyer to create trust is not required, working with a special needs planning attorney is in your best interest. They can help you understand the terms of the trust, and they can help you create a trust that is most helpful to the beneficiary. One of the purposes of a special needs trust is to provide the beneficiary with funds without making them ineligible for government-funded programs. So, your lawyer can help you develop a trust that keeps your loved one qualified for these government benefits.
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