The Law Offices of Carol Bertsch, PC
Assisting Seniors, Helping Families

Special Needs Trust

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SPECIAL NEEDS TRUSTS

 

Carol Bertsch’s trust services can help ensure that your infirm or incapacitated loved one is cared for as you wish. Carol is well known as a San Antonio special needs trust attorney who contributes a knowledgeable and caring approach to trust arrangements. She sees her role as supporting peace of mind for both you and your beneficiary.

Self-Funded Special Needs Trust

There are important considerations to discuss with her law firm before establishing a special needs trust in Texas. One important area of concern to discuss with Carol starts with who is providing funds for the special needs trust. If the funds belong to the beneficiary, a self-funded trust may be the best option. She will explain how the establishment of a self-funded special needs trust can permit a legally disabled family member to still qualify for important state benefits. There are restrictions that need to be explained. A self-funded trust is irrevocable and allows for only one named beneficiary who must be under the age of 65, and of course, must be legally disabled. The beneficiary does not have access to the trust funds, and upon the beneficiary’s death, any remaining funds may be claimed by the state of Texas as repayment for medical assistance provided by the state during the beneficiary’s lifetime.

Third-Party Special Needs Trust

If the funds in a trust belong to someone other than the beneficiary, Carol will discuss your options for a third-party special needs trust. Parents, grandparents, or siblings {trust grantors} often choose to establish a third-party special needs trust in order to provide for their special needs family member.

A third-party-funded trust is also irrevocable, but there is no age requirement and funds can be placed into the trust at any time. A third-party special needs trust does not permit the state to claim any funds after the beneficiary’s death for repayment of medical services. A third-party trust grantor determines how proceeds of the trust will be disbursed after a beneficiary’s death. Often, residual trust funds are disbursed to other children or relatives. Carol will explain these options based on your wishes and your specific circumstances.

Protecting Medicaid, SSI, SSDI, and Other Valuable Benefits

Many adults and children who qualify for a special needs trust receive valuable benefits through SSI, SSDI, Medicaid, etc. SSI {Supplemental Security Income} benefits are tied to income, while SSDI {Social Security Disability Insurance} benefits are not. Carol will explain ways that may be available to protect these and other benefits like DAHS {Day Activity and Health Services}, CLASS {Community Living Assistance & Support Services}, etc. If a special needs trust beneficiary receives an inheritance or is awarded cash from a court proceeding, there may be ways to transfer those cash proceeds into the trust without losing SSI/Medicaid benefits.

Speak to Carol today at her law offices, and take time to structure the best special needs trust based on your specific circumstances. She will listen to what your wishes and priorities are, and discuss how to protect those wishes through a special needs trust. There are many San Antonio special needs trust attorneys, there is only one Carol Bertsch law firm.