Grandfather laughing face to face with a his special needs grandson in a baseball uniform - Tisser Law Group Special Needs Trusts

Encino Special Needs Trusts AttorneyCall Tisser Law Group, APC at (818) 226-9125

If you have a special needs child or loved one, you may be worried about how you will provide for them after you pass away, and how those assets will impact any public benefits they may be receiving. Certain public benefits, including Supplemental Security Income (SSI) and MediCal, are needs-based benefits that can be lost if an individual inherits assets. Our Encino special needs planning lawyers at Tisser Law Group, APC are here to provide you with the guidance you need.

Give us a call today at (818) 226-9125 to consult with a member of our legal team.

Special Needs Trust

A Special Needs Trust (SNT) is a trust established to hold assets for a beneficiary without having the beneficiary lose his or her benefits from Supplemental Security Income (SSI) and MediCal (California’s version of Medicaid).

SSI provides monthly cash benefits to persons who are disabled, blind or aged 65 years or older. MediCal provides for various types of medical treatment and is the only government program that pays for long-term nursing home care. Both of these programs are need-based and available only to those with minimal financial resources. While persons eligible for SSI are eligible for Medi-Cal, persons who are not eligible for SSI may be eligible for MediCal if they are deemed “medically needy”.

Since both SSI and Medi-Cal require the person receiving benefits have to minimal financial resources, it is important that you do not leave an inheritance directly to a person who is eligible for either of these programs. If you do, you may disqualify that person from the benefits.

To ensure your beneficiary continues to qualify for SSI and Medi-Cal, place his or her inheritance into an SNT. This is a trust that will have a third person such as a relative or a friend be the trustee and control distributions to your beneficiary. In general, the SNT will provide that no distributions are to be made to the beneficiary if those distributions will disqualify the beneficiary from SSI or Medi-Cal.

You may think that the inheritance you leave your beneficiary will generate enough income that your beneficiary will no longer need the benefits of SSI and Medi-Cal and that losing those benefits may not be an issue. This, however, should be given a lot of consideration.

The amount of money you place in trust for your beneficiary today may not be enough to cover all of the beneficiary’s needs in the future, at which time the governmental assistance may be necessary. Additionally, because Medi-Cal provides for medical treatment, if your beneficiary does not qualify for their own medical insurance, you may want to preserve his or her ability to be covered under Medi-Cal.

Why Hire a Los Angeles Special Needs Planning Lawyer?

Do you feel that a special needs trust is necessary as part of your estate plan either for you or a loved one? We understand that government benefits are necessary and you do not want to do anything to cause your loved one to lose those benefits. Creating a special needs plan can be quite complex and our Encino special needs trust attorneys are here to help. With over 50 years of combined experience, our seasoned and knowledgeable legal team can help address all of your concerns.

Contact Tisser Law Group, APC today to make an appointment.

how can we help you?

Contact us at the Tisser Law Group to secure your family’s future.

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