Special Needs Trust Planning

Setting up a Special Needs Trust (SNT) for a loved one with a disability can be an important step towards protecting their ability to receive government benefits and making sure that they are taken care of after your passing. You never know what will happen in life, and it’s best to be prepared. Protecting those you care about shouldn’t wait until the last minute.

Selecting a trustee

This is probably the most important decision you will make when forming an SNT. Here is where guidance from a lawyer can come in handy.

The chosen trustee should not only be able to provide your family member with a lot of love and care but should also watch over their assets and spending decisions. Usually, a family member is the first option that comes to mind when choosing a trustee. That could be a good option, but keep in mind their qualities and intentions.

The person selected as a trustee should be financially responsible and oversee investment decisions, as well as asset distribution. Your trustee should always have your loved one in mind and be attentive to their condition and needs.

Tax Decisions

An SNT requires detailed tax planning. The funds used to create an SNT may keep a person eligible for Medicaid and SSI. This will also make funds unavailable to creditors or paying judges.  The money will only be issued for the care of the person with a disability.

When it comes to reporting taxes for the trust, your attorney will be able to help you get a tax ID number so you can report all of the trust’s income to the state and IRS. Your attorney can also aid you with the execution of the document after it has been completed.

An Attorney Can Help With Guidance

Developing a special needs trust fund or any trust fund shouldn’t be something you do alone. Guidance from a trusted attorney can benefit you if you run into complications or have any other questions and will make sure that you do not inadvertently disqualify your loved one from receiving government benefits. An attorney will be able to guide you through some difficult decisions and can come up with suggestions for any issues that you may face in forming an SNT.


Attorneys at the Law Offices of Julia M. Williams can provide assistance with any of these scenarios. Contact the Law Offices of Julia M. Williams for any legal advice regarding a Special Needs Trust.