Special Needs Planning
Special Needs Planning
Special Needs Planning Attorney in Dedham
Assisting Families with Loved Ones Who Have Special Needs
Parents who have children with special needs have a lot on their plates, leaving them little time to consider their child’s legal planning needs. Like all people, individuals with special needs should have a legal plan in place that allows them to succeed in the future. As such, special needs planning can help individuals keep their need-based government benefits, plan for retirement, manage their investments, receive long-term care, and more.
For these reasons, our special needs planning lawyer helps families throughout Dedham plan for their loved ones’ futures by drafting effective, comprehensive special needs trusts as well as other documents that would protect special needs individuals. Attorney Frederick N. Pellegrini understands how important it is to protect special needs individuals through strategic legal planning because it can set them up for success down the road.
What Is a Special Needs Trust?
A special needs trust (SNT) allows a disabled person to maintain their eligibility for public assistance benefits, despite having assets that would otherwise make them ineligible for those benefits. Special needs trusts are critical in protecting the financial stability and lifestyle of people with disabilities.
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Types of Special Needs Trusts
There are two types of SNTs: First party and third party funded.
First Party Special Needs Trusts
First party SNTS are effective for individuals who have personal assets, inherited assets, or assets from an award or settlement. These SNTs should include federal and state provisions requiring notice and payback to the State when the trust beneficiary dies or terminates the trust during their lifetime.
First party special needs trusts fall under one of two categories:
Third Party Special Needs Trusts
Unlike first party SNTs, third party special needs trusts are funded with assets from a person other than the trust beneficiary. The trust beneficiary does not have possession or legal interest in these assets, as they belong to someone else, such as a family member. As such, the beneficiary cannot add money into a third party SNT.
Note that money in third party SNTs cannot be used for housing or food, as they are considered “basic needs” under federal Social Security laws. Therefore, a beneficiary may suffer a penalty to their public benefits if it is discovered that they are getting free housing or food from elsewhere, including an SNT.
Special Needs Planning Made Easier
An attorney is critical in building an effective special needs plan because they have the insights, experience, and resources required to ensure no stone is left unturned. We understand the importance of using a family-oriented, detailed, and comprehensive approach to these matters, so you can rest assured that at the Law Office of Frederick N. Pellegrini, your loved one’s future will be in good hands.
Common Terms in Special Needs Trusts
Over the past 30 years, our clients have found it useful to learn some common terminology that comes up during the special needs planning process, particularly, when creating a trust with the help of their lawyer.