Planning for a loved one with disabilities requires careful attention to both legal protections and long-term financial security. A special needs trust can preserve eligibility for public benefits while providing funds for supplemental care and an improved quality of life. Families in Eureka and Humboldt County often face complex choices about how to fund a lifetime of support without jeopardizing Medi-Cal, Supplemental Security Income, or other benefit programs. This introduction outlines the purpose of a special needs trust, who can create one, and why thoughtful legal planning matters when protecting a beneficiary’s financial future and access to necessary services.
This guide provides practical information about the types of special needs trusts commonly used in California, the documentation typically involved, and the decisions families must make when drafting trust terms. It also explains the interplay between trusts and public benefits, the role of trustees, and how families can plan for emergencies and long-term care. Whether you are just beginning to explore options or reviewing an existing plan, understanding the legal framework in Eureka helps ensure that resources are managed effectively and that the beneficiary’s needs remain the guiding priority over time.
A well-constructed special needs trust protects both the financial resources intended for a beneficiary and their eligibility for public benefits. For families, this means the ability to provide for needs not covered by government assistance, including therapies, recreational activities, transportation, and educational expenses. Trusts give a structured way to manage funds on behalf of someone who cannot fully manage money themselves, reducing financial risk and stress for caregivers. In Humboldt County, where services and providers may be limited, having a stable financial plan through a trust supports continuity of care and more predictable access to the services a beneficiary needs.
The Law Offices of Robert P. Bergman assist families in Eureka with personalized estate planning that includes special needs trusts and related documents. Our approach emphasizes clear communication, careful drafting, and attention to each client’s family dynamics and long-term goals. We work to create durable plans that anticipate changes in benefits rules and family circumstances, while ensuring trustees have the guidance they need to manage funds responsibly. Families can expect a collaborative process that focuses on pragmatic solutions for providing supplemental support to a loved one without unintentionally affecting benefit eligibility.
A special needs trust is a legal tool designed to hold assets for the benefit of a person with disabilities while preserving that person’s eligibility for means-tested public benefits. Such trusts can be created by a parent, grandparent, guardian, or court, and they can be funded during lifetime or through a will. The trust document sets out how money may be used, typically for supplemental needs like transportation, medical items not covered by public programs, education, or social enrichment. Understanding how trusts interact with Medi-Cal and Supplemental Security Income is essential for effective planning.
Establishing a special needs trust requires deliberate planning about trusteeship, funding sources, and the trust’s distribution standards. Trustees must balance paying for supplemental needs with protecting benefit eligibility, follow the trust terms, and maintain accurate records. Funding can come from personal assets, life insurance proceeds, retirement accounts with proper beneficiary designations, or through a pour-over will at death. Careful drafting anticipates future needs and includes successor trustees, distribution guidelines, and provisions for amendment or termination when appropriate under California law.
A special needs trust is a fiduciary arrangement that holds and manages assets for a beneficiary while providing for needs that do not compromise public benefit eligibility. The trust usually prohibits direct cash distributions that would count as income for benefit purposes, instead focusing on payments that enhance quality of life without jeopardizing benefits. In California, there are different forms of special needs trusts, including those created by third parties and those established for the benefit of disabled individuals under specific statutes. Clear trust language is essential to ensure the intended protections are preserved.
Drafting a special needs trust requires choosing the right trustee, outlining permissible uses of funds, specifying funding sources, and including clear successor provisions. The process begins with gathering financial and benefit information and continues through trust drafting, execution, and funding. Trustees must be comfortable recordkeeping, making discretionary distributions, and coordinating with benefit administrators. Other common steps include preparing supporting documents like a pour-over will, powers of attorney, and health directives to ensure a comprehensive plan that addresses future care, decision-making authority, and the beneficiary’s long-term security.
This glossary explains frequently used terms to help families understand the planning process. Clear definitions for terms such as trustee, principal, supplemental needs, means-tested benefits, and pour-over will make it easier to follow discussions with professionals and to make confident decisions. Familiarity with these words will also help when reviewing drafts, discussing funding options, and recognizing the legal limits on certain distributions. A plain-language glossary reduces confusion and supports better choices for protecting a beneficiary’s eligibility and access to care.
A trustee is the person or entity charged with managing trust assets and making distributions for the beneficiary according to the trust terms. Trustees must keep accurate records, act in the beneficiary’s best interests, and understand how distributions may affect public benefits. Trustees often coordinate with financial advisors, accountants, and care providers to carry out their duties. Selecting a trustee involves considering reliability, availability, financial management skills, and the ability to make compassionate decisions about the beneficiary’s needs while preserving benefit eligibility.
The payor or funding source refers to the assets or income used to fund a special needs trust. Funding can include savings, investments, proceeds from life insurance, retirement accounts with appropriate planning, or assets transferred via a pour-over will. Choosing and documenting funding sources carefully is important because some assets may affect benefit eligibility if not properly managed. It is also important to consider how assets will be invested and accessed over time to ensure the trust can meet both immediate and future supplemental needs for the beneficiary.
Supplemental needs refer to goods and services that improve a beneficiary’s quality of life beyond what public benefits cover. These needs can include specialized therapies, transportation, recreational activities, adaptive equipment, and certain medical or personal care items. Trusts are intended to pay for supplemental needs in ways that complement public benefits, rather than replacing essential services that the government provides. Thoughtful drafting helps trustees focus on permissible expenditures that enhance well-being without risking loss of benefits.
A payback provision is a clause commonly included in certain types of special needs trusts that requires remaining trust assets to be used to reimburse a public benefits program, such as Medi-Cal, after the beneficiary’s death. This provision ensures compliance with state and federal rules when public funds were used during the beneficiary’s lifetime. The specifics of payback requirements vary depending on the type of trust and funding sources, so clear language is necessary to meet legal obligations while honoring the settlor’s intent and providing for any remaining family wishes.
Families considering special needs planning should weigh the differences among trust types, including third-party trusts, first-party or self-settled trusts, and pooled trusts operated by nonprofit organizations. Each option has different rules for funding, payback provisions, and effects on benefit eligibility. A third-party trust funded by family assets usually avoids payback requirements and offers more flexibility, while a first-party trust often requires a payback to Medi-Cal. Pooled trusts can offer administrative convenience. A careful comparison helps families choose the most appropriate structure for their financial resources and the beneficiary’s long-term needs.
A limited planning approach can be appropriate when a beneficiary’s needs are short-term or when resources are modest and straightforward. For families facing an urgent need, setting up a simple third-party special needs trust or designating funds to a pooled trust can provide immediate relief and maintain benefits eligibility. In such cases, minimal but careful documentation and clear trustee instructions may suffice. It is important to document decisions and maintain flexibility to modify the plan later if more comprehensive planning becomes necessary.
A limited approach may also be sufficient when the beneficiary does not currently rely on means-tested public benefits or when available resources are unlikely to affect future eligibility. If funds are modest and expected to be used for immediate expenses rather than long-term investment, simple arrangements combined with basic estate planning documents can protect family assets without creating unnecessary complexity. Even in limited cases, clear instructions and contingency planning are helpful to avoid confusion if needs change over time.
Comprehensive planning is often necessary when a beneficiary relies on multiple public programs, when assets are substantial, or when family circumstances are complex. Detailed planning evaluates how different assets and benefit rules interact over time and builds a layered strategy that includes trusts, guardianship nominations, powers of attorney, and health care directives. This more complete approach reduces the risk of unintended consequences, supports coordinated care, and creates a roadmap for trustees and family members to follow as the beneficiary’s needs evolve.
When funding sources include retirement accounts, life insurance, business interests, or real property, comprehensive planning ensures those assets are allocated in a way that preserves benefits and meets long-term goals. Trustees may need guidance on investments, distributions, tax implications, and coordination with conservatorship or public agency requirements. A full plan often includes trust structures tailored to the family’s goals, successor trustee designations, and instructions for handling income and inheritance matters in a manner that maintains the beneficiary’s quality of life.
A comprehensive approach addresses legal documents, funding sources, and practical caregiving concerns in a cohesive plan that reduces uncertainty. It provides clear instructions for trustees, integrates powers of attorney and health care directives, and anticipates changes in law or family dynamics. This planning lowers the risk of disputes, helps avoid common pitfalls that can jeopardize benefits, and offers a unified strategy for providing supplemental support throughout the beneficiary’s life. Families gain peace of mind knowing that resources can be used effectively and responsibly.
Comprehensive planning also creates continuity by naming successor decision-makers, detailing distribution priorities, and providing financial management guidance for trustees. It can facilitate access to specialized services and ensure that funds are available for educational or medical opportunities that improve quality of life. By preparing for contingencies and documenting the settlor’s wishes, families can reduce future conflict and confusion and set up a practical structure for long-term care and stewardship of assets intended for the beneficiary.
Coordinating benefits and resources through a comprehensive plan ensures that public assistance remains available while additional funds pay for needs outside public coverage. Trustees can spend trust funds on items and services that enhance living conditions and personal development without undermining eligibility. Coordination includes planning distributions to avoid creating countable income, structuring payments in-kind, and timing expenditures to work with benefit rules. Proper structuring makes resources go further and supports a stable, consistent lifestyle for the beneficiary over time.
A comprehensive plan provides long-term stability for both the beneficiary and caregivers by documenting care preferences, naming successors, and addressing future health and financial needs. Clear legal documents reduce the administrative burden on family members and provide guidance for trustees and caregivers making day-to-day decisions. Knowing there is a written plan in place can lessen stress for family members who may otherwise worry about future uncertainties and helps ensure that the beneficiary’s needs remain the central concern over the long term.
Keep a current record of the beneficiary’s enrollment in public benefit programs, including application paperwork, eligibility notices, and income or resource calculations. Clear documentation helps trustees make informed distribution decisions and provides evidence if questions arise with benefit administrators. Regularly review program rules and maintain a folder of correspondence that includes Medi-Cal and Supplemental Security Income notices. Accurate records support continuity and reduce the likelihood of interruptions in benefits, especially during life changes, trustee transitions, or when new funding sources are introduced into the trust.
Integrate a special needs trust into a complete estate plan that includes a pour-over will, financial power of attorney, advance health care directive, and guardianship nominations if appropriate. Beneficiary designations on retirement accounts and life insurance must be handled carefully to avoid unintended consequences. Regular reviews of these documents as family circumstances and laws change are essential. Coordinating all pieces ensures that assets flow into the trust when intended and that decision-makers have the authority and information needed to manage the beneficiary’s care and financial needs over time.
Families consider a special needs trust to protect a loved one’s eligibility for vital programs while providing supplemental resources that improve their day-to-day life. Planning can prevent accidental disqualification from Medi-Cal or Supplemental Security Income and ensures that gifts or inheritances are used in the beneficiary’s best interest. In addition, formal planning helps families articulate long-term goals, name decision-makers, and provide a consistent approach to care. For many families in Humboldt County, a trust provides both practical protection and emotional reassurance for the future.
Another reason to pursue special needs planning is to alleviate administrative burdens on caregivers and prepare for unexpected events. Trusts with clear provisions, successor trustees, and supporting documents reduce the risk of disputes and make transitions smoother if a caregiver becomes unable to serve. A trust also allows for thoughtful allocation of family resources, enabling contributions from multiple relatives to be combined in a way that benefits the individual without risking public benefits. This planning fosters stability and continuity of care over the beneficiary’s lifetime.
Families commonly seek special needs trusts after a life event such as the death of a parent, receipt of an inheritance, or a change in a beneficiary’s care needs. Others begin planning when a child turns 18 and public benefits considerations become more immediate, or when a family wants to leave resources for a loved one while maintaining benefit eligibility. Circumstances such as aging caregivers, changing medical needs, or the availability of new funding sources often prompt families to formalize a plan through a trust.
When a beneficiary receives an inheritance or a large gift, a special needs trust can protect their benefits while allowing the funds to be used for supplemental needs. Without a trust, significant gifts may disqualify a person from means-tested programs, leading to loss of essential services. Trusts provide a structured way to accept the gift and direct it toward improving the beneficiary’s life in permissible ways, such as paying for therapies, transportation, or educational programs that enhance independence and personal fulfillment.
When a parent or caregiver retires or faces health challenges, planning becomes a priority to ensure continuity of care and financial management for the beneficiary. Creating a trust allows the family to name successor trustees and to provide instructions for handling distributions and daily care decisions. By establishing a formal plan in advance, families reduce the risk of sudden gaps in support and make it easier for new caretakers or trustees to step into their roles without disrupting the beneficiary’s access to services.
A change in a beneficiary’s health, living situation, or eligibility for services often triggers the need for a special needs trust. When additional services or supports are required that exceed what public programs provide, a trust can supply funds for those supplemental needs while preserving core benefits. Planning ahead makes it simpler to respond to evolving care needs, and having a trust in place reduces delays in obtaining services and ensures funds are directed responsibly to improve the beneficiary’s quality of life.
The Law Offices of Robert P. Bergman offer estate planning and special needs trust services tailored to families in Eureka and surrounding communities. We assist with drafting trusts, coordinating funding strategies, and preparing supporting documents such as pour-over wills, financial powers of attorney, advance health care directives, and guardianship nominations. Our services are designed to make the planning process understandable and manageable so families can create plans that reflect their goals and provide long-term protection for beneficiaries who rely on public assistance.
Choosing legal help for special needs planning ensures that documents are drafted to reflect family goals and to comply with California law. Our approach emphasizes clear communication, careful drafting of trust provisions, and realistic funding strategies that preserve benefits. We aim to provide families with practical solutions for managing resources and guiding trustees. This service includes reviewing existing documents, advising on beneficiary designations, and coordinating a full estate plan so that assets arrive in the trust when intended and the beneficiary’s care needs are prioritized.
We assist families with detailed questions about payback provisions, pooled trusts, and the interaction between trust distributions and public programs. Our goal is to reduce uncertainty and provide a clear roadmap for trustees and caregivers. We also help prepare the written instructions and supporting documents that trustees need to act confidently, and we can coordinate with financial advisors or benefits counselors to ensure the trust functions as intended. Families receive proactive guidance to maintain benefits and use resources where they will have the most positive impact.
In addition to drafting and funding trusts, we help clients plan for transitions such as successor trustees, changes in caregiver availability, and updates to benefit rules. Our work includes periodic reviews to adapt plans as family needs and state policies change. By focusing on practical, durable solutions, families gain a plan designed to provide continuity of care and financial oversight. This reduces the administrative and emotional burdens often associated with long-term planning and helps ensure the beneficiary’s support continues without interruption.
Our process begins with an initial consultation to understand the beneficiary’s needs, family resources, and existing documents. We gather financial information and review benefit status so recommendations align with eligibility rules. Next, we draft documents tailored to the family’s priorities and explain trustee responsibilities and funding options. After execution, we assist with funding the trust and coordinating beneficiary designations or a pour-over will if needed. We also provide guidance for trustees on recordkeeping and permissible distributions to help preserve benefits over time.
We begin by collecting details about the beneficiary’s benefit enrollment, financial assets, family circumstances, and long-term care needs. This assessment clarifies which trust type suits the situation and identifies potential funding sources. Gathering accurate information up front helps prevent mistakes that could jeopardize benefits. It also enables us to recommend complementary documents and to identify potential challenges in trustee selection, funding timing, or asset titling that can be resolved during the planning process.
A focused review of current benefits and resource levels informs decisions about trust structure and distribution rules. We evaluate Medi-Cal, SSI, and other benefits, and note any income or asset thresholds that affect eligibility. Understanding the timing of benefits and how different kinds of payments are counted helps shape trust language and funding strategies. This stage ensures that trust provisions are aligned with program rules and the family’s financial reality, reducing the risk of unintended disqualification from essential services.
We talk with family members about long-term goals for the beneficiary, the roles relatives or friends may play, and preferences for trustee selection and oversight. These conversations also cover contingency planning for caregiver incapacity and the need for successor decision-makers. Articulating values and priorities early helps produce a trust that reflects the family’s wishes and that trustees can follow confidently when making discretionary distributions and day-to-day decisions on behalf of the beneficiary.
After assessment, we draft the trust document and related estate planning papers, tailor funding instructions, and prepare supporting materials for trustees. This stage includes clear distribution standards, payback language when required, and detailed trustee guidance. We also advise on beneficiary designations, titling assets, and methods for transferring funds into the trust. The goal is to create a practical, defensible plan that integrates with other documents and foresees common issues that arise in trust administration.
The trust document is drafted with specific language that delineates permissible distributions and trustee powers, avoiding ambiguity that could harm benefit eligibility. We include examples of acceptable expenditures, recordkeeping standards, and succession rules. Clear trustee guidance reduces conflict and helps ensure funds are used according to the settlor’s intent. Practical drafting anticipates future scenarios and provides trustees with the framework they need to manage the trust responsibly and consistently over time.
We prepare complementary documents such as a pour-over will to transfer assets into the trust at death, powers of attorney for financial management, and advance health care directives. Guardianship nominations and HIPAA authorizations ensure caregivers and decision-makers have access to necessary information and authority. These supporting documents create a cohesive plan so assets and decision-making authority align with the trust’s purpose and the family’s long-term goals, reducing administrative obstacles when the time comes to implement the plan.
Once documents are signed, we assist with funding the trust, changing beneficiary designations where appropriate, and providing trustees with initial guidance on administration. We can meet with trustees to explain recordkeeping practices and permissible distributions, and we offer periodic reviews to update plans as laws and family needs change. Ongoing support ensures the trust continues to function as intended and that trustees remain equipped to manage funds while protecting benefits for the beneficiary.
Funding the trust involves moving assets into the trust by retitling accounts, updating beneficiary designations, transferring property, or coordinating with a pour-over will. Proper funding preserves the trust’s protective function and prevents assets from passing outright to the beneficiary. We guide clients through the technical and administrative steps needed to ensure ownership and beneficiary designations align with the trust plan, and we verify that transfers are completed to avoid future complications for trustees or disruptions in benefit eligibility.
After funding, we provide orientation for trustees that covers recordkeeping, reporting, permissible distributions, and interaction with benefits agencies. Periodic plan reviews are recommended to adapt to changes in law, family circumstances, or the beneficiary’s needs. These reviews help maintain the plan’s effectiveness and can prevent problems before they arise. By staying involved after execution, families benefit from ongoing guidance that supports long-term stability and responsible administration of the trust.
A special needs trust is a legal arrangement that holds assets for a person with disabilities while preserving their eligibility for means-tested public benefits such as Medi-Cal and Supplemental Security Income. The trust is structured to avoid direct cash distributions that would count as income or resources for benefits purposes, instead authorizing payments for supplemental items and services that enhance the beneficiary’s quality of life. Families, caregivers, and anyone intending to leave assets to a person with disabilities should consider this tool to protect government benefits and to direct funds for additional support. Considering a special needs trust is appropriate when a beneficiary receives an inheritance, a gift, or when family members want to preserve a loved one’s public benefits while providing supplemental resources. It is also recommended when caregivers anticipate changes in health, retirement, or availability to manage finances. Early planning helps prevent mistakes in titling and beneficiary designations and provides clear guidance for trustees and successor decision-makers, ensuring that the beneficiary’s needs are met without risking access to essential services.
Special needs trusts affect Medi-Cal and SSI eligibility by keeping trust assets separate from the beneficiary’s personal resources, provided the trust is drafted and administered according to applicable rules. Third-party trusts funded by family members generally do not trigger payback rules and can avoid counting as the beneficiary’s resources. First-party trusts, in contrast, often require a payback to Medi-Cal after the beneficiary’s death. The language of the trust and the nature of distributions are important because improper distributions can be treated as income or resources and jeopardize eligibility. Trustees must make distributions that are consistent with benefit program rules to avoid harming eligibility. This often means making payments directly to service providers or purchasing items that do not count as income. Regular coordination with benefits counselors and careful recordkeeping help trustees make appropriate decisions. Consulting with planning professionals while drafting and administering the trust reduces the risk of unintended disqualification from essential programs.
There are several common types of special needs trusts in California. A third-party trust is created and funded by someone other than the beneficiary, often a parent or family member, and typically avoids payback requirements. A first-party or self-settled trust is funded with the beneficiary’s own assets and generally includes payback provisions to reimburse public benefits. Pooled trusts, operated by nonprofit organizations, allow beneficiaries to participate in a collective arrangement where funds are pooled for investment yet maintained in separate accounts for distribution purposes. Choosing the right trust depends on the source of funds, the beneficiary’s current and expected benefits, and family goals. Third-party trusts offer flexibility for family-funded resources, while first-party trusts and pooled trusts can accommodate situations where the beneficiary receives a settlement or direct assets. Understanding the specifics of each type helps families select the structure that best preserves benefits and meets long-term needs.
Funding a special needs trust requires care to avoid creating countable resources that affect benefits. Transferring assets by retitling accounts in the name of the trust, designating the trust as beneficiary of life insurance or retirement accounts in appropriate ways, and using a pour-over will at death are common funding strategies. Proper timing and documentation are important because improper transfers can lead to temporary or permanent loss of benefits. Decisions about funding sources should be made with knowledge of benefit rules and tax implications. When funding with retirement assets or life insurance, beneficiary designations must be carefully coordinated so payments flow into the trust without unintended tax consequences. Court-administered transfers or structured settlements may also require special handling through a first-party trust or a pooled trust. Seeking guidance when preparing to fund a trust helps ensure funds serve the beneficiary as intended and maintain access to public programs.
A trustee should be someone who is reliable, organized, and comfortable making financial and care-related decisions on behalf of the beneficiary. Often families choose a trusted relative or friend, but it is also appropriate to consider a professional fiduciary or a nonprofit administrator if no suitable family member is available. Trustees must keep accurate records, understand the trust’s distribution standards, and coordinate with benefit providers. Naming successor trustees and providing written guidance helps ensure continuity in administration over the beneficiary’s lifetime. Trustees are responsible for managing trust assets prudently, making discretionary distributions consistent with the trust terms, and maintaining documentation of all transactions. They must also communicate with family members and care providers and comply with any reporting obligations. Clear trustee instructions and an orientation process can reduce disputes and provide a practical framework for making day-to-day decisions that support the beneficiary’s needs.
What happens to trust assets when the beneficiary dies depends on the trust’s terms and the type of trust. Third-party trusts can pass remaining assets to designated family members or charities according to the settlor’s instructions, allowing for a broader plan of distribution. First-party trusts commonly include a payback provision requiring the trustee to reimburse public benefits programs for expenses paid on behalf of the beneficiary during their lifetime. The trust document should clearly state the intended remainder beneficiaries and any payback obligations to avoid ambiguity. Properly drafted trust language anticipates the tax, administrative, and payback implications for the remainder assets. Trustees should follow the trust terms precisely and consult with accountants or attorneys when settling the trust estate. Clear instructions reduce conflict among survivors and make the process of final distributions and accountings more efficient and predictable.
Life insurance and retirement accounts can be effective funding sources for a special needs trust, but designations must be handled carefully. Naming the trust as the beneficiary of life insurance proceeds can provide immediate funding at the policyholder’s death, but the trust’s structure and tax treatment should be considered. Retirement accounts may have required minimum distribution rules and tax consequences that affect funding decisions, so it is important to coordinate beneficiary designations and consider how distributions will be managed within the trust. When using retirement assets, consider whether to name the trust directly or use a trust in combination with other planning tools to avoid adverse tax treatment or unintended distribution outcomes. Consulting with fiduciary and tax advisors helps ensure that proceeds are used effectively and in a manner that preserves benefits and minimizes tax burdens for the trust and its beneficiaries.
A pooled trust is an arrangement managed by a nonprofit organization that pools funds from multiple beneficiaries for investment purposes while maintaining separate subaccounts for each beneficiary’s distributions. Pooled trusts can be a good option for individuals who receive a settlement or personal assets but cannot maintain their own first-party trust. Because nonprofit administrators manage pooled trusts, they can offer administrative and investment services that families might find difficult to provide on their own. Pooled trusts are often appropriate when a first-party trust is required by law or when a family seeks a turnkey administrative solution. They typically allow small accounts to enjoy professional management and can meet payback requirements while offering flexibility in permitted distributions. Families should review the pooled trust’s fee structure, distribution policies, and compatibility with public benefits before deciding.
A special needs plan should be reviewed periodically and after major life events such as changes in benefits, the arrival of an inheritance, the death or incapacity of a caregiver, or significant changes in the beneficiary’s medical or support needs. Regular reviews ensure that the trust remains compliant with current laws and that funding and beneficiary designations still align with family goals. Reviewing documents every few years or when circumstances change helps catch errors and allows for timely updates to trustees, successor designations, and distribution standards. Updating a plan may involve retitling assets, amending provisions to reflect new priorities, or revising trustee instructions. These adjustments help maintain the plan’s effectiveness and reduce the risk of benefits disruption. Staying proactive through regular reviews provides clarity and responsiveness to evolving needs and legal changes, protecting the beneficiary’s support over time.
Pour-over wills and guardianship nominations are important components of a comprehensive special needs plan. A pour-over will directs assets to flow into a trust upon the settlor’s death, helping ensure that intended funds become subject to the trust’s protections. Guardianship nominations name preferred individuals to serve as guardians for the person if needed and provide the court with guidance about family wishes. These documents work together with a trust to create an integrated plan for both financial and personal decision-making. Including pour-over wills and guardianship nominations reduces uncertainty and streamlines transitions by providing clear instructions to courts and family members. They also help prevent assets from passing directly to a beneficiary in a way that could threaten benefits. Combining these tools into a single estate plan supports both the legal and caregiving aspects of long-term planning for a person with disabilities.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas