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Expertise and Experience
Our attorneys are highly qualified and experienced in special needs trust law. They hold advanced certifications and have dedicated their careers to serving individuals with special needs and their families.
Certifications and Credentials
Our attorneys are certified as specialists in special needs law by the State Bar of California. This certification recognizes their expertise in the complex legal and financial issues related to special needs trusts. They have also received specialized training and education in special needs law, including attending conferences and workshops.
Years of Experience
Our attorneys have been practicing special needs law for over a decade. They have extensive experience in drafting, implementing, and administering special needs trusts. They have also represented clients in complex litigation involving special needs trusts.
Notable Cases
Our attorneys have handled a wide range of special needs trust cases, including:
- Establishing special needs trusts for individuals with disabilities to protect their government benefits
- Modifying special needs trusts to meet changing circumstances
- Litigating disputes involving special needs trusts
Our attorneys have a proven track record of success in representing clients with special needs and their families. They are committed to providing compassionate and effective legal services to ensure that the needs of their clients are met.
Trust Administration and Management
Special needs attorneys play a vital role in assisting with the creation, administration, and management of special needs trusts. They are responsible for ensuring that the trust is properly established and that it complies with all legal requirements. They also provide ongoing guidance to the trustee, who is responsible for managing the trust’s assets and making distributions to the beneficiary.
The attorney’s duties in administering and managing a special needs trust include:
Drafting the Trust Document
- Drafting the trust document in accordance with the settlor’s wishes and the beneficiary’s needs.
- Ensuring that the trust document complies with all applicable laws and regulations.
Selecting the Trustee
- Selecting a trustee who is qualified and experienced in managing special needs trusts.
- Ensuring that the trustee understands the beneficiary’s needs and is committed to acting in the beneficiary’s best interests.
Monitoring the Trust’s Performance
- Monitoring the trust’s performance to ensure that it is meeting the beneficiary’s needs.
- Taking corrective action if the trust is not performing as expected.
Providing Legal Advice
- Providing legal advice to the trustee on all matters relating to the trust.
- Representing the trust in court if necessary.
Additional Services
Special needs trust attorneys often provide a range of additional services to complement their special needs trust planning expertise. These services can help ensure that the trust is properly established, administered, and managed to meet the needs of the beneficiary.
One common additional service is estate planning. Estate planning can help ensure that the beneficiary’s assets are properly distributed after their death, and that the trust is properly funded.
Tax Advice
Special needs trust attorneys can also provide tax advice to help ensure that the trust is structured in a way that minimizes taxes. This can be important for both the beneficiary and the trustee.
Financial Counseling
Financial counseling can help ensure that the beneficiary’s financial needs are met. This can include advice on budgeting, investing, and other financial matters.
Trust Types and Options
Special needs trusts come in various forms, each tailored to specific needs and circumstances. Understanding the different types of trusts available is crucial for selecting the most suitable option for your loved one.
First-Party Trusts
First-party trusts are established by the individual with disabilities using their own assets. These trusts provide access to supplemental benefits while preserving eligibility for government assistance programs like Medicaid and Supplemental Security Income (SSI). The primary advantage of first-party trusts is the preservation of government benefits, ensuring financial stability for the beneficiary. However, the assets placed in the trust become irrevocable, meaning they cannot be accessed by the individual directly.
Third-Party Trusts
Third-party trusts are created by individuals other than the person with disabilities, such as parents, grandparents, or guardians. These trusts are funded with assets from the third party and are not considered the individual’s own assets for the purposes of government benefits eligibility. Third-party trusts offer greater flexibility in terms of asset management and distribution, allowing for a broader range of investments and potential growth. However, they do not preserve government benefits, and the assets in the trust may impact the individual’s eligibility for certain programs.
Pooled Trusts
Pooled trusts are a type of third-party trust designed for individuals with limited financial resources. These trusts combine the assets of multiple beneficiaries into a single investment fund, which is managed by a non-profit organization. Pooled trusts provide professional investment management and access to benefits like Medicaid and SSI, making them a suitable option for those who may not have the means to establish an individual trust. However, the assets in a pooled trust are not directly controlled by the individual or their family, and the investment decisions are made by the trust’s management.
Legal Compliance and Regulations
Special needs trusts are subject to a complex legal and regulatory framework. Adhering to these regulations is crucial to ensure the trust’s validity and effectiveness in providing for the needs of the beneficiary.
The legal framework for special needs trusts includes federal and state laws, as well as regulations from agencies such as the Social Security Administration and the Medicaid program. These regulations govern the creation, administration, and distribution of trust assets, and are designed to protect the beneficiary’s eligibility for government benefits.
Importance of Legal Compliance
Compliance with legal and regulatory requirements is essential for several reasons:
- Preservation of Benefits: Failure to comply with regulations can jeopardize the beneficiary’s eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid.
- Trust Validity: A trust that does not comply with legal requirements may be deemed invalid, resulting in the loss of assets intended for the beneficiary.
- Protection from Liability: Trustees who fail to comply with regulations may be held personally liable for any losses or damages incurred by the trust.
Case Studies and Examples
Real-life examples illustrate the practical benefits of special needs trusts for individuals with disabilities.
These trusts provide financial security and ensure that individuals with special needs have access to necessary care and support throughout their lives.
Case Study: The Smith Family
- The Smith family established a special needs trust for their son, John, who has autism.
- The trust funded John’s therapy, education, and other expenses, allowing him to live a fulfilling and independent life.
- Without the trust, John would have faced financial challenges and limited access to the resources he needed.
Case Study: The Jones Family
- The Jones family created a special needs trust for their daughter, Mary, who has Down syndrome.
- The trust provided for Mary’s long-term care, housing, and medical expenses, ensuring her financial stability.
- The trust also allowed Mary to inherit assets from her parents without jeopardizing her government benefits.
