A Special Needs Trust is a trust that can supplement the needs of a special needs beneficiary while allowing the beneficiary to maintain his or her governmental benefits, including Supplemental Security Income (SSI), Social Security and Medicaid. With medical advancements, persons with disabilities are living longer and public benefits are often necessary, yet there is no guarantee that public benefits will provide adequate resources over the disabled person’s lifetime, or that existing public agencies will continue to provide acceptable services and advocacy over a disabled person’s lifetime.

If the special needs trust is established by you or someone other than the disabled person and the disabled person does not have the legal right to demand trust assets, the trust is not considered a ‘countable resource’ for purposes of government benefits. Therefore, the special needs trust beneficiary can continue to receive benefits even though he or she is a trust beneficiary. The trust will give the trustee the discretion to make distributions to the beneficiary to the extent possible without reducing benefits, and trust assets are available if the beneficiary no longer qualifies for governmental assistance or that assistance is no longer available.

Special needs planning

If the trust is established on the beneficiary’s behalf pursuant to court order, for example as part of a personal injury settlement, the trust will not impact the beneficiary’s eligibility, but it may need to include a ‘payback’ provision that reimburses the state for its assistance before trust assets pass to the trust’s other beneficiaries.

Common savings vehicles for children, like Uniform Transfer to Minor Acts (UTMA) accounts, typical trusts, or designating a retirement plan, insurance policy or annuity directly to an SSI or Medicaid recipient will cause a reduction or elimination of public benefits. Recognizing this, some parents make the difficult decision to disinherit their special needs children, but this severe action is unnecessary.

What are you concerned about the most?

When it comes to estate planning, elder care law, and other legal services, you deserve personal attention, and that’s exactly what we will provide you with.

What our clients say about us

We always strive to achieve the best results and digital growth for our clients and pride ourselves that our works are highly appreciated by them as well as the community

Avvo Rating

8.7

Trusts

Steve was great from start to finish. We were looking ahead for our families future and knew we had to call Steve. Steve broke everything down in plain terms, which helped me and wife decide which way to go. I would recommend Steve to any...

Jonathan

21st August 2020

Legal dispute

Very satisfied by results. More then willing to recommend to anyone!! Open communication and prompt call backs.

Mike

3rd June 2020

What a relief!

Mr. Miller's help and service were very professional and much needed. Having financial, personal, and medical issues resolved for the future is a relief to us and a reassurance to our heirs and loved ones.

Pat

30th May 2020

Great help with estate planning

Steve did a great job of helping us with our estate planning. He gave us options and explained how each one would fit our situation. Once we decided how we wanted our estate set up, he was quick to follow up and get things in place. ...

Matt and Jena McKenzie

22nd April 2020

A true humanitarian among attorneys.

Before entering elderly law. Steven was instrumental in supporting and guiding me in my discrimination suite against my employer. I have a disease called Meniere's disease, which causes cases of uncontrolled vertigo. I was hired by a rather...

Keith

8th October 2019

Highly Recommend

We entrusted Steven Miller Esq. to handle our Will and Estate planning. I would highly recommend him.

Aimee

20th October 2017

Rising Star in The Lancaster, PA Area

Handled a real estate closing for us, expedited it quickly and efficiently. Attorney Miller is Well informed, professional and has a very nice demeanor I would recommend him for any legal proceeding. Very honest with a wonderful temperament...

21st January 2015

Great experience.

I hired Steve do defend a consumer credit matter that was dubious from the start.
He was knowledgeable and the case was successful along the lines he predicted.
I would definitely hire Steve again.

Scott

19th January 2015

Have a Specific Question? Get a Free Case Evaluation

(855) 936-3886

Monday - Friday: 9 am to 5 pm

Free Case Evaluation
.

Pennsylvania Office

630 Freedom Business Center King of Prussia, PA 19406

Monday - Friday: 9 am to 5 pm

Phone (855) 936-3886

Make an appointment Get Direction

Pennsylvania Office

1150 Chestnut Street Lebanon, PA 17042

Monday - Friday: 9 am to 5 pm

Phone (717) 328-8883

Make an appointment Get Direction

Massachusetts Office

945 Concord Street Framingham, MA 01701

Monday - Friday: 9 am to 5 pm

Phone (508) 593-7339

Make an appointment Get Direction