Special Needs Trusts in San Bernadino



Special Needs Trusts in San Bernadino

The benefits of a forming trust in San Bernadino are many. For more information on living trusts, please click here.  However, a living trust is not for every San Bernadino resident and in some instances, a special needs trust might be the best trust for you and/or your family, especially if you have a sick or disabled family member. If this is the case for you, speak with your San Bernadino wills and trust lawyer about a special needs trust. Used to hold assets for a person with a physical or mental disability or with chronic illness, the goal of special needs trust in California is to supplement the public benefits (such as Medicaid and Medicare) to which the disabled person is legally entitled. There are different types of special needs trust. Here, we explain two.

1. Self-Settled Special Needs Trust – Self-settled trusts are designed to supplement the government assistance that typically provides for the beneficiary’s basic needs, such as food and shelter and are stablished by the disabled individual (the beneficiary of this trust) or by someone acting on behalf of the beneficiary, and by using the beneficiary’s funds.  Funds may be proceeds from a lawsuit that the beneficiary has won due to injuries that he or she incurred and that resulted in a disability or come from another source such as an inheritance. However, it is important for every San Bernadino family considering this trust that one of its requirements is that upon the beneficiary’s death, the trust’s remaining funds are “paid back” to the state Medicaid program as compensation for moneys received by the beneficiary from the state.

2.  Third-party Special Needs Trust - Using funds that never actually belonged to the beneficiary, this trust is established by someone other than the beneficiary (often a parent or grandparent). While, unlike a self-settled trust, a third party trust cannot be established with funds that come from the disabled person’s inheritance, a third party trust does not include a “payback” clause upon the beneficiary’s death.  What’s more, third-party trusts are more flexible than self-settled trusts regarding how the monies may be used to improve the quality of a beneficiary’s life. Your San Bernadino wills and trusts lawyer can go over the pros and cons with you and more detail.

The experienced attorneys at the Skapik Law Group, located conveniently in Chino Hills have handled many wills and trusts for clients. We know the law and our lawyers are dedicated to providing each client — you — with viable options at all phases of the legal process. Call us at 909-398-4404 or visit us online at www.SkapikLawGroup.com for more information about how we might be able to assist you.


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