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Estate planning · Special needs trust

A special needs trust is for a person who shouldn’t own the inheritance outright.

Benefits that look at what someone owns can stop if a gift lands in their name. The trust is one way to plan around that.

The problem, in plain English

SSI and Medicaid look at what a person owns. An inheritance in their name can put those benefits at risk.

A special needs trust — sometimes called a supplemental needs trust — lets a trustee pay for extras the benefits don’t cover. The beneficiary doesn’t own the money outright.

Whose money goes in matters

A third-party trust is funded by someone else. Often that’s a parent, through a will or a living trust. The rules are different from a trust funded with the beneficiary’s own money.

A first-party trust uses the person’s own funds. Those trusts are stricter. In many cases the state has to be paid back. I will not guess which one you need from a web page.

It is not a regular trust with a new title

A revocable living trust for your own house is a different document. A special needs trust has a specific job for a specific person.

It also doesn’t replace the rest of your plan. Your own financial power of attorney, your health care directive, and the deed to your house are still separate jobs.

Say so on the first call

If a child or another loved one with a disability is the reason you’re here, tell me at the start. Bring the benefit letters if you have them.

A standard plan starts at $2,500 for one person and $3,500 for a joint plan. The pricing page has that list. A special needs trust is often more than a standard plan. The fee is still flat. We agree on the number before I draft.

The rest of the package is on estate planning. Book a consultation when you’re ready to talk about the facts. I’m licensed in Utah, Arizona, and Texas.

I don’t promise a result

I don’t promise a trust will preserve every benefit. Programs change. The disability, the source of the money, and the person’s age all change the document.

We’ll look at what you actually have. Then I’ll tell you whether this trust belongs in the plan.

Jon Miller Law, PLLC1010 North 500 East, Suite 200North Salt Lake, UT 84054(801) 872-9889

Related pages

Other pieces of the plan

Where I sit

Local pages, same office

Questions people ask

Usually a person who receives benefits that look at what they own, such as SSI or Medicaid, or who may need those benefits later. A direct inheritance can interrupt that. The trust lets a trustee use the money for extras without handing the person the inheritance outright.

This is general education, not legal advice for your situation.

Ready when you are

Tell me who the trust is for. I’ll tell you whether this is the right document.

A thirty-minute conversation. No pressure, no hourly meter. We’ll figure out what you actually need.

Call or text (801) 872-9889