when hire special needs trust attorney litigation

When you hire a special needs trust lawyer, you’re helping to make sure your child never has to worry about their needs being met. A special needs trusts lawyer will get your estate paperwork started, explain every detail with you, tailor create a plan to specifically fit your child’s needs, appoint a trustee and ultimately, fund your trust.

Full Answer

What is a special needs trust?

Special needs trusts are a wonderful tool for many personal injury victims who receive settlements that might otherwise affect their public benefits eligibility. Given the cost and limitations imposed by a special needs trust, however, it is important to consider the options before making a final decision. A good special needs attorney will frankly and completely discuss the alternatives to assist you with your decision. Members of the Special Needs Alliance are familiar with those options, and also with the nuances of local practice and programs.

What is the voice of special needs?

Our purpose is to provide information--and answers--about special needs planning for family members and professionals. We hope this newsletter helps you. We would love to hear your questions, suggestions and comments; please feel free to e-mail us. We also encourage you to forward our newsletter to others who might benefit from the information here, or who might have similar questions.

Is there a pooled trust?

For smaller settlement amounts it may make economic sense to look for a “pooled” trust alternative. Although pooled trust are not available in every state, there has been a recent surge in popularity, and the growth of pooled trust options has been remarkable. Your local Special Needs Alliance member will be familiar with all of the pooled trust options operating in your state.

Can a structured settlement be used to establish a special needs trust?

In some cases, however, the structured settlement option may even be an alternative to establishing a special needs trust. If, for example, the beneficiary is expected to recover and probably even “graduate” from public benefits programs, it may be advantageous to delay the start of settlement payments until after the public benefits issue is no longer important.

Can a special needs trust be used for personal injury settlements?

Although the whole purpose of special needs planning for personal injury settlements is usually to maintain eligibility for public benefits, there are some circumstances in which the problems associated with special needs trusts outweigh the benefits. This can particularly be true with small settlements, when it may be entirely appropriate to simply report the settlement to the Social Security Administration and the state Medicaid office, let the recipient lose current benefits and spend the proceeds until eligibility can be re-established.

Can you gift a disability to a beneficiary?

In fact, if the beneficiary’s disability is mental it may not even be possible to make gifts in any amount. Still, there are a small handful of circumstances when gifts may make sense as part of a plan for dealing with eligibility after receipt of a personal injury settlement or award.

What is a trust for SSI?

The trust must be "for the sole benefit of" a permanently and totally disabled person as defined under the SSI program ; which benefits no individual or entity except the disabled person during his lifetime.

What is a Medi-Cal Payback Trust?

These trusts are frequently referred to as a Litigation Special Needs Trust or Medi-Cal Payback Trust. These trusts have the following requirements:

What is special needs law?

The Special Needs Law Firm is a boutique firm focused on two specialized areas of the law, Special Needs Settlement Planning and Lien Litigation. Special Needs Settlement Planning encompasses a variety of legal services related to the settlement of personal injury cases.

What is Special Needs Settlement Planning?

Special Needs Settlement Planning is a unique niche practice focusing on the services a trial lawyer and injury victim may need at settlement of a complex case.

What are the issues to consider when a personal injury case settles?

There are many complex planning issues to consider when a personal injury case settles to maximize the recovery. Medicaid, Medicare and ERISA liens have to be litigated or negotiated. Trusts often times have to be created. A Special Needs Trust or Medicare Set Aside trust might be necessary. Tax and estate planning may be necessary.