Special needs trusts across San Diego County
A direct inheritance can disqualify a beneficiary with disabilities from SSI and Medi-Cal benefits that they depend on for care. A special needs trust holds assets for supplemental care, education, and quality-of-life expenses without counting as a resource for government benefit eligibility. We match San Diego County families with vetted, licensed estate-planning attorneys who draft special needs trusts that protect both the beneficiary's benefits and their quality of life.
What's included in this service?
- Draft a third-party special needs trust funded by a parent, grandparent, or other family member for the benefit of a person with disabilities
- Draft a first-party (self-settled) special needs trust for a beneficiary who receives a personal injury settlement or inheritance that would otherwise disqualify them from benefits
- Structure trust distributions for supplemental care, education, transportation, recreational activities, and quality-of-life expenses that SSI and Medi-Cal do not cover
- Advise on selecting a trustee with the ability to manage trust distributions without inadvertently disqualifying the beneficiary from benefits
- Coordinate the special needs trust with a letter of intent documenting the beneficiary's needs, preferences, and care requirements for future trustees
- Integrate the special needs trust with the parent's or grandparent's broader estate plan and living trust
When do you need this service?
- You have a child, grandchild, or other family member with a disability who receives or may receive SSI or Medi-Cal benefits
- You are updating your estate plan and want to leave an inheritance to a disabled family member without disqualifying them from government benefits
- A beneficiary with a disability is about to receive a personal injury settlement or inheritance and needs a first-party special needs trust
- You want to coordinate your estate plan to provide for a family member's lifetime care after you are gone
- An existing special needs trust needs to be updated to reflect a change in the beneficiary's needs, assets, or benefit status
What do homeowners ask about Special needs trusts?
What is the difference between a first-party and a third-party special needs trust?
A third-party special needs trust is funded by someone other than the beneficiary, such as a parent or grandparent, and has no Medicaid payback requirement at the beneficiary's death. A first-party (self-settled) special needs trust is funded with the beneficiary's own assets, such as a personal injury settlement, and must include a Medicaid payback provision that reimburses the state for benefits paid during the beneficiary's lifetime. The correct structure depends on whose assets are funding the trust.
How does a special needs trust protect government benefits?
SSI and Medi-Cal have asset limits that determine eligibility. A direct inheritance from a parent's estate counts as a resource and can disqualify the beneficiary from benefits. Assets in a properly drafted special needs trust do not count as the beneficiary's resource because the beneficiary does not control the trust. The trustee makes distributions for supplemental expenses that the government benefits do not cover.
What can a special needs trust pay for?
A special needs trust can pay for supplemental care that government benefits do not cover: education, transportation, recreation, technology, personal care items, clothing, housing supplements, and quality-of-life expenses. Trustees must avoid paying for anything that counts as a benefit provided by SSI or Medi-Cal, since certain distributions can reduce those benefits. The attorney we match you with drafts the trust with distribution guidelines that protect the beneficiary's benefit eligibility.
Can I include a special needs trust in my living trust?
Yes. A special needs trust for a child or grandchild with disabilities can be structured as a sub-trust within your living trust, creating the special needs trust at your death out of the share of assets intended for that beneficiary. This is a common approach for parents who want to provide for both their typical and disabled children within a single estate plan.
Are the attorneys you match licensed to draft special needs trusts in California?
The estate-planning attorneys we match are licensed members of the State Bar of California. You can verify any California attorney at calbar.ca.gov before signing a fee agreement. Trust Law SD is a referral service and is not a law firm.
Where do we offer Special needs trusts in San Diego County?
We provide special needs trusts in every city and community in San Diego County. Pick your city for local climate notes and service specifics.
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Need special needs trusts in San Diego County?
Call for a free quote. Most work scheduled within the week.