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New Jersey & New York Special Needs Attorneys

Special Needs Planning

Special Needs Planning and Trusts

Special needs planning helps families provide for a person with a disability while preserving eligibility for government benefits. We help you choose and fund an appropriate trust, select a trustee, and coordinate the arrangement with the rest of your estate plan.

Understanding Special Needs Trusts

A special needs trust, interchangeably known as a supplemental needs trust, is a legal tool designed to hold assets for the benefit of someone with disabilities. This arrangement allows the beneficiary to maintain access to government assistance programs such as Medicaid and Supplemental Security Income (SSI), as the assets in the trust do not count toward the individual’s resource limit, which is $2,000 for an individual and $3,000 for a couple under SSI and New Jersey Medicaid, and $33,038 for an individual under New York Medicaid in 2026. The essence of a special needs trust is to provide financial support without displacing essential public benefits, ensuring a secure future for those with special needs.

The Importance of a Special Needs Trust

The creation of a special needs trust is crucial for several reasons. It safeguards the beneficiary’s eligibility for government aid by excluding trust assets from their personal assets. This separation is vital because SSI, which pays a maximum federal benefit of $994 a month to an individual in 2026, and Medicaid both require beneficiaries to keep countable resources below the limits above. A trust also offers a structured way to manage and allocate funds for the individual’s benefit, ensuring they are used for their intended purpose, such as medical care, education, and personal needs, thereby enhancing the quality of life for the individual with special needs.

Our Special Needs Planning Services

We draft and administer special needs trusts, advise on distributions and government benefits, and coordinate gifts and inheritances with the family’s estate plan.

Setting Up a Special Needs Trust

We begin with the beneficiary’s needs, benefits, and available assets. We then recommend a trust type, help select a trustee, draft the terms, and guide funding.

Types of Special Needs Trusts

Special needs trusts can be broadly categorized into three types: First-Party Special Needs Trusts, Third-Party Special Needs Trusts, and Pooled Trusts. Each type serves the same primary purpose but differs in terms of funding source, establishment process, and specific use cases.

First-Party Special Needs Trusts

First-party special needs trusts are funded with assets owned by the individual with special needs. These trusts are typically used when the individual receives a settlement, inheritance, or other assets directly. A key feature of First-Party SNTs is that they must include a payback provision to reimburse the government for Medicaid benefits received by the beneficiary upon their death.

Third-Party Special Needs Trusts

Third-party special needs trusts are established and funded by someone other than the beneficiary, usually family members planning for the future of their loved one. Unlike First-Party SNTs, these trusts do not require a payback provision, offering more flexibility in directing remaining assets after the beneficiary’s death.

Pooled Trusts

Pooled Trusts are managed by nonprofit organizations, pooling the resources of many beneficiaries while maintaining separate accounts for each. This option can be beneficial for individuals without a suitable trustee or those with limited assets. Pooled Trusts combine professional management with the benefits of a special needs trust, though they also include a payback provision similar to First-Party SNTs.

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Choosing a Trust

While all special needs trusts aim to preserve government benefit eligibility, they differ in their setup, management, and distribution of assets after the beneficiary’s death. First-Party and Pooled Trusts have Medicaid payback provisions, whereas Third-Party SNTs do not, allowing for greater control over remaining assets. The choice between these trusts depends on the source of funds, the need for professional management, and the desired disposition of assets after the beneficiary’s death.

Reporting Requirements

Special needs trusts are subject to various reporting requirements to maintain transparency and compliance with government benefit programs. Trustees must keep detailed records of disbursements, investments, and income, reporting annually to the Social Security Administration and Medicaid, where applicable. These requirements ensure that the trust operates within the legal framework, preserving the beneficiary’s eligibility for benefits.

Appointment of a Trustee: Family Member vs. Professional

Choosing the right trustee is critical in managing a special needs trust effectively. Trustees can be family members or professionals, each with its pros and cons.

Family Member Trustees

Pros:
– Personal connection and understanding of the beneficiary’s needs
– Potentially lower costs than hiring a professional

Cons:
– May lack financial or legal expertise
– Possible emotional or family dynamics complicating decision-making

Professional Trustees

Pros:
– Expertise in financial management and legal compliance
– Impartiality in administering the trust

Cons:
– Higher costs for professional services
– Lack of a personal relationship with the beneficiary

The choice between a family member or a professional trustee depends on the complexity of the trust, the family’s capabilities, and the beneficiary’s needs. Some families opt for a co-trustee arrangement, combining the personal insight of a family member with the expertise of a professional.

Legal Guidance and Ongoing Review

Our work includes assistance with legal challenges, representation in benefits disputes, and review as laws or the beneficiary’s circumstances change.

Coordinating the Estate Plan

We align wills, powers of attorney, and health care directives with the special needs trust so the documents support the family’s plans for care and financial management.

Getting Started with Special Needs Planning

Contact us to discuss the beneficiary’s needs, current benefits, and the assets you wish to provide. We can explain the available trust options, answer your questions, and outline the steps for establishing and maintaining the plan.

Frequently Asked Questions

A Special Needs Trust is a legal arrangement that allows a person with disabilities to maintain eligibility for government assistance programs like Medicaid and Supplemental Security Income (SSI) by holding assets in a trust. It benefits individuals with disabilities who might receive assets from a settlement, inheritance, or gifts, ensuring these assets do not disqualify them from essential benefits. Our special needs planning attorneys can help you determine if an SNT is right for your situation and guide you through the process of setting one up.

No, a Special Needs Trust is designed to pay for expenses that enhance the quality of life of the beneficiary without affecting their eligibility for government assistance. This includes education, healthcare not covered by Medicaid, personal care attendants, and recreational activities. However, it cannot be used for food or shelter costs. Our attorneys can provide detailed advice on permissible disbursements to ensure compliance with legal guidelines.

A First-Party Special Needs Trust is funded with the beneficiary’s own assets, typically from an inheritance, legal settlement, or personal savings. It requires a payback provision to reimburse Medicaid upon the beneficiary’s death. A Third-Party Special Needs Trust is funded with assets from someone other than the beneficiary, such as a parent or relative, and does not require a Medicaid payback provision. Our attorneys can help you decide which trust is most appropriate for your needs and ensure it is properly established.

There are no specific limits to the amount of money that can be placed in a Special Needs Trust. However, the funds must be used for the benefit of the person with special needs in a way that does not compromise their eligibility for public assistance programs. Our legal team can guide you on funding strategies and the appropriate use of trust assets.

A trustee can be a family member, friend, or a professional, such as a lawyer or a corporate trustee. The key is to choose someone who is trustworthy, financially savvy, and understands the beneficiary’s needs. Our firm can help evaluate potential trustees and even serve as a professional trustee if desired.

Properly structured, a Special Needs Trust does not affect the beneficiary’s eligibility for government benefits because the assets in the trust are not counted as available resources under most government programs. Our attorneys can ensure your trust is set up correctly to preserve benefit eligibility.

It depends on the type of trust. A Third-Party Special Needs Trust is typically irrevocable, meaning it cannot be changed after it’s established. A First-Party Special Needs Trust might have some flexibility, but generally, these trusts are also irrevocable to comply with federal guidelines. Our legal team can help navigate these complexities and advise on any potential for modifications.

For a First-Party Special Needs Trust, any remaining assets first go toward repaying Medicaid for care provided. After that, any remaining assets can be distributed according to the trust terms. For a Third-Party Special Needs Trust, assets can be distributed to other beneficiaries as directed by the trust without needing to repay Medicaid. Our attorneys can help plan the trust to meet your goals, including the disposition of remaining assets.

A Special Needs Trust can be funded with various assets, including cash, stocks, real estate, or life insurance proceeds. The key is ensuring the funding method aligns with the beneficiary’s needs and government benefit requirements. Our special needs planning attorneys can advise on the best assets to use for funding your trust.

Special Needs Trusts are subject to tax rules that vary depending on the type of trust and how it is administered. Generally, the trust may generate taxable income, which could be taxed to the trust or the beneficiary, depending on the circumstances. Our attorneys can provide guidance on the tax implications of your trust and help ensure that it is managed in a tax-efficient manner.

What Our Clients Are Saying

Elena A.

Highly recommend using the services of Milvidskiy Law Group! We were pleased with the level of service, knowledge, and forward thinking. Mr. Milvidskiy offered creative and thoughtful ideas for us. Thank you!

Sal M.

Estate Planning can be a complicated and technical endeavor for most individuals like myself and my wife. In addition, finding a competent Estate Planner can be equally difficult. However, from the outset, we were quickly assured that we had selected the right firm to handle all our Estate needs. Our attorney, Andre, and his assistant, Pamela, emphasized that for a plan to be successful, it must be fully understood and meet all the client’s individual concerns. Technical aspects were explained in layman’s terms, and all our questions were encouraged and fully answered. We’ve had experiences with other law firms, but by far, we found the Milvidskiy Law Group to be professional, trustworthy, experienced in the law, and genuinely interested in their clients’ welfare.

Barbara W.

My husband and I had a very positive experience working with the Milvidskiy Law Group. They were very knowledgeable and professional and an overall pleasure to work with. I strongly recommend using this law firm.

Thomas B.

The Milvidskiy team was incredible, and I am so grateful for their timeliness, compassion, and patience during such a difficult time for our family. During our time at the hospital, many people talked to us instead of speaking with us; however, their legal team was the exception. I am very impressed with how they navigated the tense situation with some of our family members and felt that their empathy was heartwarming. I will be forever grateful for their help ensuring our grandfather’s wishes were listened to and will be honored.

Phoebi L.

Mr. Milvidskiy and his staff are so professional and helpful all the time. I recommend them highly to anyone.

Teresa W.

My experience with the Milvidskiy Law Group was a positive one. They were always available to answer any of my questions. If I did have to leave a message or email a question/concern, they would always respond back in a reasonable amount of time. I would recommend this Law group!

Susan C.

This firm was wonderful, and I highly recommend them. They took the time to explain everything to me as I set up my Estate plan. They answered all my questions and did not pressure me into anything I didn’t want or need. I feel very at ease and relieved that this was taken care of. I also know they remain there if I have any questions down the road. All I have to do is call. Best thing I did this year!!

Rose F.

We were very impressed with the service we received from the Milvidskiy Firm. They were responsive and very professional. They delivered as promised. We highly recommend them! Their fees are quite reasonable.

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

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