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Fairholme Estate Law

Family

Special needs trusts

A loving gift, made the wrong way, can cost someone their health coverage. A special needs trust lets you help without that worry.

A young man with Down syndrome smiling at his desk at work

In plain words

Leave money to a child or grandchild with a disability without putting the benefits they rely on at risk.

Many people with disabilities rely on programs like Supplemental Security Income (SSI) and Medicaid. These programs have strict limits on how much money a person can own. A direct gift or inheritance, even from a grandparent, can push them over the limit.

A special needs trust, sometimes called a supplemental needs trust, holds the money instead. A trustee you choose uses it for things that make life fuller, like a laptop, a trip, therapy or classes, without it counting as the person's own money.

We also help you write a letter of intent. It is a plain description of your child's routines, likes, doctors and hopes, for whoever helps them next. Families tell us it is the part they value most.

Is this for you?

It may be a good fit if any of these sound familiar.

  • You have a child or grandchild with a disability, at any age
  • Relatives want to leave money to your child and need to know how
  • Your child is turning 18 and you are thinking about benefits and decision-making
  • A settlement or inheritance has already arrived in your child's name
  • You want brothers and sisters to know the plan without carrying all of it

What's included

Everything we do for you, written down

  • A third-party special needs trust, funded by your family
  • A plain-English guide for the trustee you choose
  • A letter of intent workbook we help you complete
  • Beneficiary forms lined up so gifts land in the trust
  • A talk about options at 18, including supported decision-making
  • A short note you can share with grandparents and relatives

Three tools

The main ways families plan, in plain words

Most families use one or two of these. We help you see which fits, and we work alongside your child's benefits advisor if you have one.

  • Third-party special needs trust

    Funded with money from parents, grandparents and others. Nothing has to be paid back to Medicaid, and what is left can pass to other family.

  • First-party special needs trust

    Holds money that already belongs to the person, like a settlement. It protects benefits, but Medicaid may be repaid from what is left.

  • ABLE account

    A tax-advantaged savings account for people whose disability began before age 46 (the limit rose in 2026). Simple, with yearly deposit limits.

Benefit rules change. We check the current limits with you rather than relying on old numbers.

How it works

  1. Step 1: Tell us about your child

    Benefits, routines, who helps today, and your hopes. Bring questions, not paperwork.

  2. Step 2: Choose the trustee

    Often a sibling, a trusted friend or a professional, sometimes two together. We talk through each.

  3. Step 3: Sign and share

    Sign the trust and your wider plan, then share the relatives' note so gifts go the right way.

What it costs

Included in the Legacy Plan

The Legacy Plan, from $5,900, includes a special needs trust inside your full plan. On its own, from $2,800.

A flat fee, agreed in writing at the end of your free first meeting. It only changes if you ask us to add something.

Questions

The ones we hear most about special needs trusts.

All questions
Who should be the trustee?

Someone organised, fair and patient who will stay in your child's life. Many families pair a sibling with a professional trustee so no one carries it alone.

What should grandparents do?

Leave gifts to the special needs trust instead of directly to your child. We give you a short note to share that explains exactly how to word it.

What happens when my child turns 18?

Adult rules apply to benefits and decisions. Guardianship is one option, but less restrictive choices often work well. We explain them so you can choose.

How can we help?

The first consultation is free and takes about an hour, at our office, in your home or by video. You will leave knowing what you need and what it costs.

Book a free consultation

A note on this website

Attorney advertising. This site shares general information in plain words. It is not legal advice for your situation, and contacting the firm does not make you a client until we both sign an engagement letter. Reviews describe individual experiences and are not a promise about yours.

How our flat fees work
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