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Home » Resources » Frequently asked questions » Special Needs Planning FAQs

Special Needs Planning FAQs

    • Why do you have to make special arrangements to leave an inheritance to a loved one with a disability?

    • Most people get their health care insurance through their jobs, but a significant percentage of folks with special needs cannot enter the workforce. For these individuals, Medi-Cal fills the gap. This is a jointly administered federal/state government program that provides health insurance for people with very limited monetary resources.

      Supplemental Security Income (SSI) is another government program that is relied upon by many people with disabilities. As the name would indicate, this benefit serves as a source of modest but much-needed monthly income for people that don’t have much personal earning power.

      Since these are both need-based programs, a significant direct inheritance could impact eligibility status. This is something you should take into consideration when you are planning your estate if you have someone with special needs on your inheritance list.

    • What’s the solution?

    • You could convey assets into a supplemental needs trust. These legal devices are alternately referred to as special needs trusts. If you establish this type of trust, you would name a trustee to act as the administrator, and the person that you want to assist would be the beneficiary.

      Medi-Cal and Supplemental Security Income will not necessarily satisfy all the needs of benefit recipients. These unmet needs are referred to as “supplemental needs.” The trustee would be allowed to use assets in the trust to satisfy these needs without impacting government benefit eligibility.

      It should be noted that the beneficiary would not have direct access to the funds, and the trust would be irrevocable. This being stated, the trustee would have broad latitude with regard to the different goods and services that could be purchased to make the beneficiary more comfortable.

    • Can a person with special needs create a trust with their own money?

    • Sometimes an individual with a disability that is relying on these programs will come into money through a personal injury settlement or from some other source. Under these circumstances, a parent, a grandparent, a legal guardian, or a court could use the funds to establish a self-settled or first party special needs trust for the benefit of the person in question.

      Everything would be the same with regard to the trustee’s ability to use assets in the trust to satisfy the supplemental needs of the grantor/beneficiary.

    • I have heard that Medi-Cal seeks reimbursement from the estates of benefit recipients after they die. Can they reach assets that remain in a supplemental needs trust?

    • The answer is yes and no. If you create a supplemental needs trust for the benefit of someone else with your funds, it would be a third-party special needs trust. In the trust declaration, you would name a successor beneficiary. After the death of the first beneficiary, the successor would assume ownership of the remainder. Medi-Cal would not be able to touch these assets.

      On the other hand, if the assets are created with resources that are the property of the person that will be the beneficiary, Medi-Cal would be able to go after the remainder.

Access Our Special Report

We have a fantastic resource that you can access right now to build on the information that you have absorbed after reading this page. Our firm has prepared an in-depth report on special needs planning, and it is being offered free of charge right now. Simply visit this page to obtain access to our very useful special report.

Take Direct Action!

Written information is great, but there is no substitute for a direct, one-on-one conversation with a licensed estate planning attorney. If you are ready to make a connection with our firm, we can be reached by phone at 310-337-7696. We also have a contact form on this website that you can use if you would rather reach out to us through the Internet.

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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