• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Meet Our Team
    • News and Events
    • Seniors Rock Radio
  • Estate Planning
    • Elder Law & Medicaid Planning
    • Estate Planning Services
    • Estate and Gift Tax Figures
    • Family Farm Succession Planning
    • Family-Owned Businesses & Farms
    • IRA Planning
      • Planning With An IRA
      • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law Resources
      • Elder Law Reports
    • Guardianship & Conservatorship
    • Hospice Care
    • Veteran’s Benefits
  • Resources
    • Definitions
    • FREE Estate Planning Worksheet
    • FREE Webinars
    • Estate Administration Legal Guide
    • Estate Planning Articles
      • Questions for Your Estate Planning Attorney Before Creating Your First Estate Plan
      • How to Create Your First Estate Plan in 2022
      • How to Choose a Guardian for Your Child
      • Address These Three Questions in Your First Estate Plan
    • Estate and Gift Tax Figures
    • Frequently Asked Questions
      • Adult Guardianship
      • Alzheimer’s Care
      • Custodial Accounts for Minors
      • Estate Planning
      • FAQs for Families Without an Estate Plan
      • Elder Law
      • IRA & Retirement Planning
      • Is Your Estate Plan Outdated?
      • Legacy Planning
      • LGBTQ Estate Planning
      • Medicare and Social Security
      • Probate
      • Probate Avoidance
      • Irrevocable Trusts
      • Trust Administration
      • Trusts
      • Veterans’ Benefits
      • Wills
    • Newsletters
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • Medicaid Planning
    • Medicaid Planning
    • Emergency Medicaid & Nursing Home Planning
    • Medicaid Frequently Asked Questions
    • Medicaid Resources
  • Blog
  • Contact Us

Law Office of Michael Robinson, P.C.

Estate Planning Services in Rochester, New York and the Finger Lakes Area

Connect With Us Today

(585) 374-5210
Law Pay Button
Attend a Free Webinar
Home » Resources » Frequently asked questions » Special Needs Planning FAQs

Special Needs Planning FAQs

    • Can you give a large direct gift or inheritance to a person with a disability without impacting government benefits like Medicaid and Supplemental Security Income?

    • The answer to this question is no. These are need-based programs, so there are asset limits. A significant inheritance or gift could cause a loss of eligibility until the money was gone.

    • Is there an estate planning solution for people with special needs?

    • Yes, you could establish a supplemental needs trust for the benefit of a loved one with a disability.

    • How does it work?

    • You fund the trust, and you name a trustee to act as the administrator. Since there are complex program rules, you may want to utilize a professional fiduciary. However, from a legal standpoint, any adult that is willing to accept the role can act as the trustee with the exception of the beneficiary. The government benefits do not provide everything that the beneficiary may want or need. These unmet needs are referred to as supplemental needs, and this is why the trust is called a supplemental needs trust. Under the guidelines, the trustee is allowed to use assets in the trust to satisfy these unmet needs. As long as none of the regulations are violated in any way, ongoing eligibility for Medicaid and Supplemental Security Income would not be negatively impacted.

    • What happens if there is money left in the trust after the death of the beneficiary?

    • If you were to use your resources to fund a trust for the benefit of another person, it would be looked upon as a third-party supplemental needs trust. When you are creating the trust declaration, you would name a successor beneficiary. After the first beneficiary’s death, the successor would assume ownership of any remainder that may be left in the trust.

    • Can an individual that is receiving these benefits create a trust with their own money?

    • Perhaps surprisingly, the answer to this question is yes. The individual themselves, a grandparent, a parent, a court, or a legal guardian can use assets that are the property of the beneficiary to establish a supplemental needs trust. One way that a person that is in this position could come into money would be through a personal injury settlement. Under these circumstances, the trustee would have the same powers with regard to the utilization of assets in the trust to make the beneficiary more comfortable in many different ways. All of the above is well and good, but there is one major negative that enters the picture when it comes to self-settled or first party special needs trusts. Medicaid is required to seek reimbursement from the estates of people that were using the program during their lives. When a first party special needs trust has been established, Medicaid can attach assets that remain in the trust after the passing of the grantor/beneficiary. This is not possible when there is a third-party special needs trust in place.

We Are Here to Help!

If you would like to discuss special needs planning with a licensed estate planning attorney, our doors are open. To schedule a consultation appointment, give us a call at 585-374-5210. There is also a contact form on this website that you can use to send us a message.

Primary Sidebar

Law Office of Michael Robinson, P.C.

Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

TESTIMONIALS

A pleasure as always dealing with the entire staff. Always willing to explain the answers to our questions.

- Joseph and Julie Ann M.

Over the years we have been to many programs regarding Estate Planning. We were most impressed with Mr. Robinson’s presentation - both in subject matter and explanation in an understandable manner. We have put our “trust” in his competent hands. We were not aware of the complexity and the volume of paperwork generated for this undertaking. We found his staff to be most capable and client oriented in their knowledge and delivery.

- F.T. & L.T.

Our overall experience was one of thoughtfulness, clarity and comprehensiveness on the part of Michael Robinson, his staff and associates. We attended Michael’s seminar on legacy wealth, and found him to be clear and well-spoken. He touched on all aspects of Estate Planning in which we were interested. Our first of two visits to his office was timely and helpful enough for us to consider developing a plan. We finalized our document at a necessary meeting. His staff was accommodating and virtually spelled out every aspect of the plan. We highly recommended Michael and his system for developing a trust.

- Sharon T.

“From the first visit I was welcomed (like family). The office & girls have all their ducks in order! Very friendly! Mr. Robinson explained everything in detail. 100% satisfied. Will pass the word on. Great Law Firm. Thank you so much.”

- Geraldine P.

Establishing a Family Wealth Trust through the Law Office has been a positive experience, the staff is congenial, patient, thorough, professional and knowledgeable. Thank you for all your kindness. We certainly are comfortable and confident with our decision.

Beverly L.

<
>

News & Events

Seniors Rock Radio Show Recording 5-1-21

https://drive.google.com/file/d/1U7UkQbEGy-xY7XFAXvX9Qz7pKSVDVV3D/view?usp=drive_web   Read more →

Pittsford Office

1163 Pittsford-Victor Road, Suite 120 (Powder Mill Office Park)
Pittsford, NY 14534-3817
Phone: (585) 374-5210
Fax: (585) 485-0394

See Larger Map Get Directions

Map

mrobinson_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
robinson law logo

The Law Office of Michael Robinson, P.C.

Attorney Advertisement


© 2022 American Academy of Estate Planning Attorneys, Inc.