Special Needs Attorney in Virginia Beach
A Practical Estate Plan for a Loved One with Disabilities
Special needs planning coordinates family resources, legal documents, and public-benefit considerations around the life of a person with a disability. At B. Clay Chick PLC, we create estate plans that may include trusts for minor beneficiaries or beneficiaries with special needs. We tailor each plan to the beneficiary’s circumstances rather than relying on a standard approach.
We ask clients to identify special circumstances and define goals such as supporting a loved one with disabilities. Our attorney, Clay Chick, has practiced law and served Virginia Beach and the surrounding community since 2009. Our planning considers present needs, anticipated support, available assets, and the people who may manage those funds.
Call (757) 697-5331 to arrange a complimentary estate planning consultation and discuss your family’s special needs planning goals.
SSI, Medicaid & Trust Planning
A special needs trust can hold assets for a beneficiary without giving that person unrestricted control of the funds. When properly structured under applicable Supplemental Security Income (SSI) rules, a special needs trust or pooled trust is excluded from the program’s resource count. This treatment isn’t automatic, so the trust’s terms, funding, and distributions must be evaluated together.
SSI generally limits countable resources to $2,000 for an individual and $3,000 for a couple. Medicaid eligibility can also depend on financial and program-specific requirements. Because these rules can change and vary by benefit, planning should account for the programs the beneficiary receives or may seek.
Two funding categories affect how these trusts operate:
- First-Party Trusts: These trusts hold the beneficiary’s own assets, which may include money received through an inheritance or settlement. They must satisfy federal requirements, including applicable Medicaid payback provisions.
- Third-Party Trusts: These trusts are funded by parents, grandparents, or other third parties. They don’t carry the Medicaid reimbursement requirement that applies to a first-party trust.
A trustee manages trust property and decides when distributions are permitted under the trust terms. Because payments for certain expenses can affect public-benefit eligibility, families should consider both the person selected as trustee and the practical responsibilities involved.
Starting Special Needs Planning in Virginia Beach
We offer complimentary in-person and virtual consultations for estate planning matters. Before the consultation, we ask clients to gather family details and identify their planning goals. This preparation focuses the conversation on the beneficiary’s needs, family circumstances, available assets, and possible decision-makers or fiduciaries.
Not every estate plan requires a special needs trust. We consider whether one fits the family’s goals and how it may work with other estate planning documents. For families seeking a special needs lawyer in Virginia Beach, we provide practical guidance while keeping long-term financial and benefit considerations in view.
Build a Plan Around Your Family’s Priorities
Thoughtful planning can clarify how family assets should be managed for a loved one with disabilities. We use the circumstances families share through our contact form to focus the consultation on the decisions that should shape their estate plan.
Call (757) 697-5331 to schedule your complimentary in-person or virtual estate planning consultation.
