Coral Springs & South Florida Special Needs Trust Attorneys

Are you a parent of a special needs child? Is your spouse disabled?

Then you face a unique challenge: How do you make sure they’re cared for after you are gone?

We can help you construct a plan to protect your disabled loved one’s eligibility for government benefits programs.

How can I protect my disabled loved one?

As a mother of a child with Special Needs, Attorney Heidi Friedman of Friedman Elder Law Department knows the emotional and financial struggles many families face.

Your loved one with Special Needs may be eligible for government benefits such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Medicaid, and Medicare.

These programs can assist them with the costs of housing, food and health insurance. However, many of these programs have low asset and income thresholds.

Receiving an inheritance, lawsuit settlement, or other funds may disqualify your loved one from their benefits.

Legal tools like a Special Needs Trust helps to transfer assets and allows them to be distributed in a manner that doesn’t risk a loss of benefits.

Our experienced Special Needs Planning attorneys can help you decide if a Special Needs Trust may work for your disabled loved one.

Contact us at (954) 866-1055 or click here to get started today.

A closer look at Special Needs Trusts in Florida

Special Needs Trusts are used to enhance the disabled person’s life while still allowing them to receive their public benefits such as Medicaid, Medicaid, SSI, or SSDI.

There are two main types of Special Needs Trusts:

First Party Special Needs Trust: Funded with the disabled person’s own assets.

While the special needs individual is alive, the trust funds are used to enhance his quality of life. Assets remaining in the trust upon the person's death are used to reimburse (payback) the government for the cost of received medical care.

A first party trust is for individuals receiving SSI or Veteran’s Benefits that come into large amounts of money. It allows the special needs person to retain benefits while still being able to use his own funds when necessary.
Third Party Special Needs Trust: Funded with assets from someone other than the disabled person, such as a parent or family member.

Assets held in the third party trust do not affect the special needs person’s eligibility for SSI or other government benefits.

A third party trust can pay for the beneficiary's supplemental needs beyond those covered by their benefits. A third party trust is not required to be "paid back" to the government when the special needs individual dies. Any funds remaining in the trust can pass to other family members or charity.

Here are some of the benefits of using a Special Needs Trust:

Flexibility in how they are funded. Special Needs Trusts offer flexibility with how they are funded with cash, securities, and other alternative assets.
Specific utilization of assets. The Trust allows for exact timing of where and how assets are distributed per SSA and IRS regulations.
Ability to make additional future contributions. With Trust created for a child, parents, grandparents, and other family have an extended period to contribute to the trust without incurring a gift tax.
Better quality of life for beneficiaries. Those with special needs gain access to aid through programs like Medicaid and SSI. The Trust helps supplement their needs for a better quality of life without losing eligibility in those programs.

Even if a trust is properly established and funded, the special needs individual’s public benefits could be reduced or eliminated if the trust funds are used improperly.

Given the complexity of this field, you should always consult with an experienced Special Needs Trusts Attorney. Contact us at (954) 866-1055 or click here to get started today.

Special Needs Planning is complex.

We can help.

Special Needs Trusts offer many benefits to families looking at a long-term picture.

With a plan in place, you can ensure your disabled loved one is cared for, protected, and looked after no matter what.

Our experienced Special Needs Planning attorney team takes the time to understand your present situation, your vision for tomorrow, and help you create a peace-of-mind solution that delivers for the long haul.

South Florida’s premier law firm for Special Needs Trust Planning.

Preparing you and your loved ones for the future is our specialty.

Talking about your special needs loved one’s future is not an easy conversation.

Our compassionate Special Needs Planning attorneys will walk alongside you to put a plan in place and decide if your loved one would benefit from a Special Needs Trust.

Contact us at (954) 866-1055 to get started today.