Home Texas Probate Blog About the Firm The Law Offices of Jason S. Coomer, PLLC Contact Us Search  

Contested Matters
Will Contest
Contested Guardianship
Trust Litigation
Partition Lawsuits
Settlement Agreements
Mediation/ADR


Uncontested Matters
Will Probate
Heirship Proceeding
Small Estate Affidavit
Affidavit of Heirship
Application for Guardianship
Safe Deposit Box Inspection
Ancillary Probate


Estate Planning
Last Will and Testament
Power of Attorney
Medical Power of Attorney
Directive to Physicians
HIPAA Authorization
Disposition of Remains
Special Needs Trusts
Revocable Trusts
Irrevocable Trusts


A Special Needs Trust is Commonly Created to Benefit a Disabled or Incapacitated Person Who Is to Receive Money From a Lawsuit or Inheritance and Does Not Want To Lose Government Benefits by Texas Probate and Trust Lawyer Jason S. Coomer

A special needs trust is typically created to ensure that a beneficiary who is disabled or suffers from incapacity can enjoy the use of property which is intended to be held for their benefit. The main use of a special needs trust is to avoid a beneficiary from losing access to essential government benefits such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSD), or Medicaid.  These needs based government programs offer support to disabled individual.  As such, if a large some of money such as inheritance or lawsuit proceeds is given directly to the person receiving the government benefits, it could jeopardize their eligibility for these programs or be taken by the government. The loss of these government programs may be devastating to a person with significant disabilities.

A special needs trust allows money to be put in a limited trust for the person's benefit without jeopardizing the persons ability to receive benefits. However, the special needs trust needs to comply with certain restrictions as not to jeopardize the person's ability to continue receiving government benefits.

Third Party Special Needs Trust or Supplemental Needs Trust

A third party special needs trust or supplemental needs trust enables you to set money aside on behalf of a disabled child or elderly person. A beneficiary of a special needs trust does not have the legal right to claim the property in the trust. That means that the trust assets are not countable resources and do not affect the beneficiariesí eligibility for benefits. As a result, the beneficiary is able to continue receiving government benefits, while still enjoying the benefits of the property in the trust for supplemental needs.  The special needs trust may only be used for supplemental needs above and beyond what government or private agencies provide. An appointed trustee makes the distributions and the disabled person cannot have access or control of the trust property.

For questions on Texas Probate matters, please e-mail Texas Probate and Trust lawyer Jason S. Coomer at texasprobatelawyer@texaslawyers.com or use our contact form.


For more information on Texas probate matters, Texas Guardianships, Texas Estate Planning and Texas Trusts, follow the links on this website, submit an inquiry, email us at texasprobate@texaslawyers.com or call us toll free at 1-866-474-1477.    

This Law Offices of Jason S. Coomer, PLLC website provides Texas probate information including probating Wills, helping Executors, drafting Wills, contesting Wills, filing Suits to Determine Rightful Heirs of property and estates, filing Small Estate Affidavits, filing Affidavits of Heirship, filing Applications for Guardianships, fighting Involuntary Guardianships, filing Guardianship Reports, filing breach of fiduciary duty claims, estate planning, and clearing title to property & assets.

This Texas probate information website was created by Texas probate lawyer Jason S. Coomer and is intended only as general information on
probating Wills, helping Executors, drafting Wills, contesting Wills, filing Suits to Determine Rightful Heirs of property and estates, filing Small Estate Affidavits, filing Affidavits of Heirship, filing Applications for Guardianships, fighting Involuntary Guardianships, filing Guardianship Reports, filing breach of fiduciary duty claims, estate planning, and clearing title to property & assets.  Please contact Texas attorney Jason S. Coomer for or a licensed Texas lawyer for legal advice pertaining to Texas Probate matters.

The Law Offices of Jason S. Coomer
A Professional Limited Liability Company
___________________
406 Sterzing, Second Floor
Austin, TX 78704
jsc@texaslawyers.com
http://www.texaslawyers.com/coomer/
Telephone: (512) 474-1477                       Facsimile: (512) 474-1802

Submit an Inquiry
* Name (Required):
* Email (Required):
Phone Number:
* Your Message (Required):
Anti-spam Question:
*Using only numbers,
what is 2 plus 2?


Click the links below
for more information on:

Representing Beneficiaries
Representing Executors
Representing Trustees


 

| Home | About the Firm ||The Law Office of Jason S. Coomer, PLLC | Contact the Firm | Search this Website |

The TexasLawyers.com Web Presence was established in 1997
Jurisdiction for all TexasLawyers.com Web Pages is in
Austin, Travis County, Texas
Copyright © 2012