Special Needs Estate Planning in Bloomington, IN

Special needs estate planning involves safeguarding the future of individuals with disabilities. Unlike traditional plans, it navigates the complexities of maintaining eligibility for government benefits like Medicaid and SSI, which are crucial for many individuals with special needs.

Special needs planning encompasses various considerations. For instance, guardianship or conservatorship might be necessary if the individual needs assistance with their finances or personal care. Planning for the individual’s long-term care and housing are also important. Additionally, ensuring clear communication within the family and with professionals involved in the individual’s care is vital.

You may be asking, “why do I need special needs estate planning?”

The answer is simple – your loved one is unique, so plans for their long-term financial well-being must be unique as well. The core benefit of special needs estate planning in Bloomington is that it accommodates and considers your family members’ government benefits eligibility.

Many individuals with disabilities receive Supplemental Security Income (SSI) or take part in programs like Medicaid. For many of these government health care and supplemental income programs, even a small amount of money from another source can cancel out eligibility.

A skilled special needs trust attorney from Webster & Garino LLC can help you navigate the complexities of estate planning for special needs individuals so you can protect your loved one on all fronts.

The cornerstone of special needs estate planning is often the special needs trust. These trusts hold assets and distribute them strategically to supplement, but not replace, government benefits. This ensures the individual’s needs are met without jeopardizing their eligibility.

What Is a Special Needs Trust?

A trust serves a similar purpose to a will. It dictates the distribution of assets upon your passing. However, unlike a will, a trust offers the advantage of bypassing the probate process. Through establishing a trust, you have the flexibility to appoint a trustee who can manage assets on behalf of beneficiaries, particularly if they are minors.

In the area of special needs planning, a special needs trust (SNT), also known as a supplemental needs trust, is an important tool. Tailored specifically for beneficiaries with disabilities, such trusts are developed for individuals facing medical conditions that hinder their ability to self-sustain financially, including adult children with disabilities. For parents or caregivers of individuals with disabilities, an SNT offers a reassuring avenue to allocate assets and funds for the future well-being of their loved ones.

Types of Special Needs Trusts

Different types of special needs trusts exist, each with its own nuances. Choosing the right SNT in Bloomington, IN, depends on your specific situation.

• Third-Party Special Needs Trust: A third-party special needs trust is established by someone other than the individual with special needs, often a parent, grandparent, sibling, or other caregiver. This person is referred to as the grantor or settlor, and contributes various assets to the trust, including monetary gifts, proceeds from life insurance, or inheritance, redirecting them to benefit the disabled individual.
• First-Party Special Needs Trust: A first-party special needs trust is created by the disabled individual. Thanks to the federal Special Needs Trust Fairness Act enacted in December 2016, individuals with disabilities who are deemed mentally competent have the legal right to establish and benefit from such trusts. These trusts are frequently utilized by disabled individuals who come into inheritance or by previously healthy individuals who become disabled later in life due to accidents or unexpected illnesses.

The number one thing you can do to ensure a successful estate planning process for your special needs loved one is to hire an experienced special needs estate planning lawyer in Bloomington, IN.

Special needs estate planning can feel overwhelming, but it’s an essential step in securing the well-being of loved ones with disabilities. Consulting with an attorney from Webster & Garino LLC experienced in this area is highly recommended, as they can guide you through the legal intricacies and tailor a plan that meets your unique needs. Remember, the goal is to provide peace of mind knowing your loved one will be cared for, even after you’re gone.

Our special needs trust administration team is prepared with the knowledge and experience to set up an efficient SNT for the benefit of your disabled family member. Our top priority is to educate you on the law and requirements of an SNT. We will carefully explain your rights so you can make informed decisions to determine the legacy of your assets.

When we start the process of developing an SNT, there are several aspects of your unique situation our Bloomington attorneys will need to consider before recommending a quality course of action. These factors include:

• How many family members wish to donate to the trust?
• Who is your desired trustee?
• Upon the beneficiary’s death is the trust required to be reimbursed to Medicaid?
• How many, if any, assets hase the disabled person received in the past?

When you need a local legal solution for your special needs estate planning requirements, turn to the compassionate attorneys at Webster & Garino LLC.

Understanding the importance of securing future financial stability for your loved ones, especially those facing disabilities that limit their employment opportunities, Webster & Garino LLC offers specialized solutions in Bloomington, IN, for special needs estate planning.

With over 50 years of combined legal experience, we’ve assisted clients in establishing effective special needs trusts and related areas as part of our comprehensive special needs estate planning services. Connect with us today to arrange a meeting with a caring special needs trust attorney.