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Special Needs Trusts

WHOM IS IT FOR?: Individuals who wish to make a gift to someone whom is (or may become) dependent upon Supplemental Security Income ("SSI") and/or Medi-Cal for income or medical needs and who might lose those benefits if they receive an inheritance outright.

A Special Needs Trust is a trust which contains many restrictions in order to satisfy the rules of Medi-Cal and SSI.

Many families have members who are either born with special circumstances or, as a result of an accident or health issues, become dependent upon SSI and/or Medi-Cal for income or medical needs.

These programs and others are "needs-based." That means that in order to qualify, the person with the need must meet certain asset or resource restrictions (they can only have a certain amount of money or other assets) and income restrictions. If this person receives an inheritance, it likely will disqualify them from the benefit programs for a period until they re-qualify.

The purpose of a Special Needs Trust is to provide the resources to meet the needs of the individual which are not covered by the programs they are on, without disqualifying them from these programs.

A Special Needs Trust can be created within your living trust (i.e., your Standard Trust, A and B Trust, or A/B/C Trust), or it can be a separate "stand-alone" trust to which you and others can contribute.

To view a short video by Long Beach Estate Planning Attorney John T. Anderson on the different types of trusts prepared by The Law Office of John T. Anderson, including Special Needs Trusts, Click Here.

Contact our office to schedule an appointment to discuss if a Special Needs Trust is right for your situation.

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The Law Office of John T. Anderson
1741 E. Wardlow Rd., Long Beach, California 90807