Your San Diego Special Needs Trust Lawyer
For parents of adult children with disabilities, careful estate planning is critical to ensuring they will be taken care of after the parents have passed away. A special needs trust can be a very important component of that estate planning strategy. Our experienced special needs trust attorneys can help you decide if a special needs trust is right for you, and make sure it meets the needs of your loved ones.
What Is a Special Needs Trust?
Like all trusts, a special needs trust sets aside assets for the benefit of one person, the beneficiary, but puts them under the control of another person, the trustee. Special needs trusts were created to allow disabled adults to continue receiving government benefits, such as SSI, even if the value of the assets in the trust would otherwise disqualify them.
When Is a Special Needs Trust the Right Choice?
A special needs trust is best suited for an adult who is severely and permanently disabled. If the beneficiary's disability were to end at some point, a special needs trust can be difficult to change. In that case, the trust might also be required to pay back the value of the government benefits received.
Why Choose Brierton, Jones, & Jones
Marked by Integrity
A reputation for professional excellence built up over 30 years of practice in San Diego.
Driven by Excellence
Award-winning attorneys with decades of experience resolving even the most complicated issues and cases.
One of the few San Diego firms that focuses exclusively on trust and estate matters.
Creative Problem Solving
A focus on problem solving to efficiently resolve cases.
Our clients and their families return to us generation after generation.
Our attorneys have been actively involved in the local community from the firm’s inception.
Special Needs Trust Terms to Know
First-Party Special Needs Trust – Funded by property owned by the beneficiary or which the beneficiary is legally entitled (such as assets from a court judgment or settlement).
Third-Party Special Needs Trust – Funded by property owned by someone other than the beneficiary, such as family members.
Pooled Special Needs Trust – A trust is established and managed by a non-profit organization and the assets of many beneficiaries are combined or “pooled” and invested together. The assets of the individual beneficiaries remain their own and are used to supplement public benefits.