Special Needs Trusts

Montgomery County Estate Planning Lawyer

A special needs trust allows you to care for your disabled children, elderly parents or other family members who may have special needs after you have passed away. These trusts allow you to leave assets such as property or money without jeopardizing their ability to receive supplemental security income or Medicaid benefits.

We at Dossey & Jones, PLLC, have been assisting the residents of Houston, Texas and the surrounding areas with their estate planning needs for since 1972. If you have a family member you are interested in setting up a special needs trust for, our Montgomery County estate-planning lawyer can assist you.

Benefits of Establishing a Special Needs Trust

When assets are gifted through a will or given to a special needs beneficiary, they are considered assets for the calculation of government benefits. If your special needs relative receives a large sum of money, they could be in jeopardy of losing government benefits such as Medicaid and SSI. The main purpose of a special needs trust is to allow your loved one to retain the same government benefits while still benefiting from gifts and inheritance.

When establishing the special needs trust, you must designate a trustee who will be responsible for the administration of the trust. You should choose someone you know is trustworthy and capable of managing the trust based on your wishes because this person will have complete discretion over how money is spent on your loved one’s behalf. The money cannot be given to the special needs individual directly, but the trust administrator can use the funds in the trust to purchase various items for your loved one.

Items that can be purchased using special needs trust funds:

  • Food
  • Home furnishings
  • Medical and dental expenses
  • Recreational activities
  • Cars
  • Education
  • Personal care attendants

We Can Help You Today

While it is possible to draft a special needs trust yourself, we highly recommend you consult an attorney for this estate planning matter. There are strict and specific state and federal regulations regarding income eligibility for health benefits and services offered to your loved one. Working with an attorney will ensure your family member remains eligible for these programs while also receiving the benefits of the trust.

If you are ready to start drafting your special needs will contact our Montgomery County estate planning attorney today!

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