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Alameda County Special Needs Trust Lawyer

Secure Your Loved One's Future with a Special Needs Trust

A special needs trust, also known as a supplemental needs trust is a particular kind of trust that provides for an individual with special needs who is unable to care for him or herself. This is achieved through a responsible mediator who distributes funds to the beneficiary according to the terms of the trust. This type of trust is utilized in scenarios involving minors, and mentally disabled persons, and ensures that these individuals are cared for financially in the event of a parent or guardian's passing.

Our Alameda County estate planning attorney at Randick O’Dea Tooliatos Vermont & Sargent has experience creating trusts of all types, including special needs trusts. Protecting your loved one is our priority, and we are ready to sit down with you and walk you through the planning process.

Contact Our California Special Needs Lawyers at our Castro office (510) 344-2599 or Pleasanton Valley office (925) 460-3700 to Begin Your Trust Planning Today

Benefits of Establishing a Special Needs Trust

  • Allows your loved one to receive government benefits such asSSI, Medicaid, and other programs
  • Provides an inheritance for your loved one
  • Allows you to designate funds specifically for your disabled loved one
  • The funds in your trust are protected from taxes and from creditors

Creating a special needs trust can give you peace of mind that your loved one will be cared for in your absence. Begin your planning today!

What Are The Different Types of Special Needs Trusts Available?

There are three main kinds of special needs trusts (SNTs) in California that are intended to meet the particular requirements of people with disabilities. It is essential to know these differences in order to make sure your loved one gets the right kind of assistance without risking their eligibility for government benefits.

Types of special needs trusts:

  1. First-Party Special Needs Trusts: Also known as “self-settled SNTs,” “Medicaid payback trusts,” or (d)(4)(A),” or “(d)(4)(C)” trusts, these trusts are funded with the assets of the individual with special needs, often from an inheritance, personal injury settlement, or savings. The key feature of first-party SNTs is that they must include a Medicaid payback provision, meaning any remaining funds in the trust after the beneficiary's death must be used to reimburse the state for Medicaid benefits received.

  2. Third-Party Special Needs Trusts: Assets owned by parents, grandparents, or other family members—people other than the beneficiary—fund these trusts. Because third-party SNTs do not need a Medicaid payback clause, estate planning is more flexible. They can be created as stand-alone documents, through living trusts or wills, and take effect either when the grantor passes away or throughout their lifetime.

  3. Pooled Special Needs Trusts: Managed by nonprofit organizations, pooled SNTs combine the resources of multiple beneficiaries for investment and management purposes while maintaining separate accounts for each beneficiary. This option can be more cost-effective and is particularly useful for individuals with smaller amounts of assets. Pooled trusts also must contain a Medicaid payback provision.

Knowing the many kinds of special needs trusts that California offers will help you make decisions that best preserve the future financial stability and well-being of your loved one. For personalized guidance on your situation, request a consultation with our experienced special needs trust attorney in Alameda County at Randick O'Dea Tooliatos Vermont and Sargent.

Understanding the Role of a Special Needs Lawyer

Planning for the future of a loved one with special needs requires the expertise of a seasoned special needs attorney. Such a lawyer can offer essential support in developing a thorough plan that guarantees the financial stability and overall well-being of your loved one.

Some of the key roles of a special needs lawyer include:

  • Assessing the unique needs of your loved one and providing personalized legal advice

  • Creating a special needs trust to protect your loved one's eligibility for government benefits

  • Ensuring that the special needs trust is structured in a way that meets your loved one's specific needs and goals

  • Helping you navigate complex legal and financial matters related to special needs planning

By working with a skilled special needs lawyer, you can have peace of mind knowing that your loved one's future is in capable hands.

Contact Our Alameda County Special Needs Attorney

At Randick O’Dea Tooliatos Vermont & Sargent, we work hard to meet all of our clients' legal needs. Whether you need assistance setting up a trust or would like to discuss other options similar to a special needs trust, we are ready to help. From start to finish, you can expect individualized counsel that is customized and attentive. Our California special needs lawyers approach each case as if it were our only case, because you deserve only the most professional and undivided legal care.

Informative Articles on Special Needs Trusts

For more information about special needs trusts, count on us. Call our Castro office (510) 344-2599 or Pleasanton Valley office (925) 460-3700 today for a special needs lawyer near you.


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