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1609 Cravens Ave.
Torrance, CA 90501


1 800 403-6078


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Special Needs Trusts

Planning for your future and the future of your beneficiaries can be tough, but it can be even harder when planning for persons with disabilities. We understand how challenging it can be for you and your family, especially if this is the first time developing an Estate Plan, that’s why Elder Law Services of California is here to give your family peace of mind for the future.

What is a Special Needs Trust?

A Special Needs Trust enables people who are disabled, either mentally or physically, to receive an inheritance such as a home, life insurance, liquid accounts, etc, without jeopardizing their public benefits. This Estate Planning tool is created for disabled beneficiaries so they can obtain their rightful inheritance while allowing the beneficiary to receive essential needs-based government benefits, such as Medi-Cal, Supplemental Security Income, Social Security Disability Insurance, and etc,.

According to the Institute of Disability, if people with disabilities were a formally recognized minority group, at 19% of the population, they would be the largest minority group in the United States. With its diversity in gender, age, religion, ethnicity, and socioeconomic level, these 1 in 5 Americans lacks representation in Estate Planning. A Special Needs Trust is a device that is highly technical and should only be handled by an attorney, making even the smallest oversight can become a huge burden for the beneficiaries.

There are several types of Special Needs Trusts, the most common of which are self-funded and third-party.

A self-funded (also known as a First Party) Special Needs Trust is typically intended to protect the assets of an individual with a disability. This type of trust must be created by a parent, grandparent, or legal guardian, or by a court, but it cannot be created by the individual. One of the most common applications of a self-funded Special Needs Trust arises when an individual receives Supplemental Security Income (SSI).

SSI is a government program that provides approximately eight million low-income Americans with assistance. In order to qualify, the individual can only have $2,000 in his or her name. If that individual receives excess assets – say, for example, due to an inheritance – he or she may only continue to receive SSI by putting the assets into self-funded Special Needs Trust. Those assets can then be used to supplement the individual’s public benefits during his or her lifetime. Upon death, any funds remaining shall be distributed to the government as repayment for the cost of his or her medical care.

A third-party Special Needs Trust is similar to a self-funded Special Needs Trust in that the purpose is to protect the assets of a disabled beneficiary. Assets can be held in trust so that the beneficiary is not at risk of losing his or her government benefits upon receipt of an inheritance. The main difference between the two trusts is that, upon death, any remaining assets can be distributed to other family members, friends, or charities – thus, the assets pass on through the trust to another individual or entity, rather than being used to reimburse the government.

 

Require a Special Needs Trust?

Don’t wait another day.  A special needs provision that needs to be added to your current trust or included in the trust you are thinking about making should be the first priority. 

Call For Your
Free  Consultation

Call Elder Law Services of California today at
 (800) 403-6078
to schedule a FREE Consultation with one of our expert lawyers.

Client Testimonials

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Hector Molina
Hector Molina
We went for a living trust and we had very professional service.If you decided to do one, this are the place to do it, thanks 👍
Jesse Foreman
Jesse Foreman
Friendly staff, when the time comes for me to finalize my affairs, I would recommend this law office
Jay Jones
Jay Jones
Friendly and professional office
Dimna Diaz
Dimna Diaz
Very helpful ! They really guide you . I am very satisfied and recommend then!!
Sasha Washington
Sasha Washington
Very pleased with the assistance my parents received with the drafting of their revocable Living Trust, from Attorney Judd Matsunaga. Will definitely refer to family, friends, and associates.
Cece Rubin
Cece Rubin
Top notch! They have done services for my husband and I. Also my mother. My sister will also be using their services.They are caring. Professional. Are quick to answer questions whether by phone or email. The pricing is spot on and they go above and beyond the norm. I love the many locations.They are great communicators and are able to help us past some of the legal jargon. They are also a "teaching" institute. Judd Matsunaga writes articles coaching his readers. AND they conduct many seminars - free of charge!I can't say enough positive things about Elder Law Services of California and I'm one to not write positive feedback unless my statements are true.A++++ all the way! 5 star and more........
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Elder Law Services was very personable and professional! We recommend them to anyone who is in need of Elder Law representation.

Nancy, from Los Angeles CA

Business Owner

“Our family is so thankful for the services provided by Elder Law Services of California. They are completely professional, honest, and courteous throughout my mother’s Medi-Cal application from the beginning to the end. They were with us all the way. We can’t thank you enough.”
Ricardo, from Los Angeles CA

Business Owner

Elder Law Services was extremely informative, detailed, and professional in the completion of our Trust.

Luis,

Retired

“Thank you very much for all your hard work. The best law firm I have ever worked with. They are very thorough with all the documents. Very good job on our complicated case!”
Keith and Ralene, from Hollywood, CA

Family Business Owner, Business Owner

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