01/05/2026
Special Needs Trusts – What are they and how do they work?
When curating the perfect estate plan, every beneficiary’s personal situation must be accounted for. This is especially important when taking account for children who may have special needs, as these individuals likely have very fragile government benefits. These benefits can take account for a multitude of factors involving the person’s assets, otherwise known as “means tested benefits”, that must be properly noted to ensure that one’s planning does not end up supplanting those benefits that are so crucial to that potential beneficiary’s day to day life. The opportune tool to use when planning for such a beneficiary is what is known as a Special Needs Trust (SNT) (also known as a Supplemental Needs Trust).
A Special Needs Trust (SNT) is a valuable tool that takes a few different forms, but overall allows for a disabled individual to maintain benefits provided by a government or private entity while also able to gain income or inheritance that can later be used to their advantage.
If the individual is provided means tested benefits but also receiving income or other some of money prior (a personal injury settlement, prior inheritance, etc.) in their direct name, a “First Party” SNT (also known as a (d)(4)(A) trust due to the applicable statute) allows for that sum of money to be placed in trust for their benefit; however, with this form of trust comes a few caveats. The beneficiary of such a trust must be 65 or younger at the inception of the trust, it is wholly irrevocable and the state would be the at-death beneficiary of whatever is required for reimbursement for Medicaid payments during their life.
The alternative, when planning to establish a proper SNT for a disabled individual without money that has directly come into their name would be called a “Third Party” SNT. This type of trust is one funded by someone other than the intended disabled beneficiary. Often created by a parent or loved one, this type of trust is created for the preemptive intention to keep any asset out of the individual’s name by providing a haven for it to go.
With either trust, the key to its efficacy is its usage. Each sort of situation is subjective as to the individual involved as to how to work with the benefits received, but the general rule lies in the name – this trust is used to “supplement” their benefits. Most often, benefits are there to provide “support” to the individual, commonly food and shelter being the mainstays. With that, this type of trust can retain assets to be used for non-support items and expenses (i.e., travel expenses, certain amenities such as WiFi or cable, entertainment related expenditures,etc.).
It is important to discuss the specifics of a situation surrounding such planning with an experienced attorney to figure out what type of trust is necessary for the planned for individual.
Schedule an appointment with the experienced estate planning attorneys at Sinclair Prosser
Gasior by calling (410) 415-9900 to help preserve a proper future for your loved one!