At the Law Offices of Robert P. Bergman in San Jose, we assist San Mateo families with thoughtful planning that protects the long-term needs of loved ones with disabilities. A properly drafted special needs trust helps preserve eligibility for public benefits while providing for supplemental needs not covered by government programs. Our approach focuses on understanding family objectives, the beneficiary’s current and potential future needs, and how to integrate a trust with other estate planning documents like wills, powers of attorney, and health care directives. We aim to provide clear guidance so families can make informed decisions tailored to their circumstances in California.
Planning for a family member with disabilities requires attention to both legal detail and practical caregiving realities. A special needs trust can be funded with personal assets, inheritance proceeds, or third-party contributions, enabling the beneficiary to enjoy enhanced quality of life without jeopardizing means-tested benefits. We explain the types of trusts available, how trustees make distributions, and what language helps protect benefits while allowing flexible support. Our goal is to translate complex rules into straightforward options so clients in San Mateo can put durable plans in place that reflect their wishes and protect the beneficiary’s future comfort and dignity.
A special needs trust serves two central purposes: preserving eligibility for public benefits and providing discretionary financial support that enhances a beneficiary’s life beyond basic governmental assistance. By directing funds for supplemental items such as education, therapies, transportation, and personal care, the trust maintains benefits like Medi-Cal and Supplemental Security Income when set up and administered properly. Families also gain peace of mind knowing a trustee can manage distributions in accordance with the beneficiary’s needs and the grantor’s intentions. Thoughtful planning reduces risk of benefit interruptions and builds a framework for long-term financial stability and comfort for a loved one with disabilities.
The Law Offices of Robert P. Bergman serves families throughout San Jose, San Mateo, and surrounding California communities with estate planning services that include special needs trusts and related documents. Our attorneys bring years of state and local court practice to drafting trusts, preparing supporting estate documents, and advising trustees and family members on administration and compliance with benefit rules. We prioritize clear communication, careful document drafting, and hands-on support for trustees during distribution decisions. Clients often cite the firm’s steady guidance and practical focus when navigating the technical and personal aspects of planning for beneficiaries with disabilities.
Special needs trusts are designed to hold assets for a person with disabilities while preserving eligibility for governmental benefits that have strict income and asset limits. These trusts can be created during a lifetime or under a will, and they are governed by both federal and California rules. Key considerations include who will serve as trustee, how distributions will be documented and used for allowable supplemental items, and whether the trust will be structured as a third-party trust or a first-party payback trust. Proper drafting anticipates future changes in needs, benefit rules, and family circumstances so the trustee can act flexibly and responsibly.
Families considering a special needs trust must evaluate funding sources, beneficiary needs, and long-term administration. Funding may come from family savings, inheritances, or settlement proceeds, and each source has different implications for payback provisions and eligibility rules. The trustee’s duties include making distributions that complement public benefits, keeping accurate records, and communicating with family caretakers. Selecting the right trustee and including clear trust language can ease the management burden and reduce family conflict. We emphasize practical planning steps to align legal tools with caregiving goals and fiscal realities for beneficiaries in San Mateo and throughout California.
A special needs trust is a legal arrangement that holds assets for a person with disabilities without those assets being considered available resources for means-tested public benefits. There are different types of special needs trusts, including third-party trusts created by family members and first-party trusts funded with the beneficiary’s own assets, each with distinct rules about repayment to the state after the beneficiary’s death. A well-drafted trust contains clear distribution standards, successor trustee provisions, and terms addressing interaction with Medi-Cal, Supplemental Security Income, and other programs. Understanding these distinctions helps families choose the structure that best preserves benefits while meeting the beneficiary’s supplemental needs.
Creating a special needs trust involves several critical elements and steps, including identifying the beneficiary’s needs, selecting a trustee and successor trustee, specifying permissible uses for trust funds, and coordinating the trust with other estate planning documents. The drafting process addresses funding methods, payback clauses if applicable, and instructions for handling interactions with public programs. Administration processes include recordkeeping, annual budgeting for the beneficiary’s supplemental items, and prudent investment and distribution decisions. Clear communication among family members, trustees, and advisors is essential to ensure the trust functions as intended and adapts to changing circumstances.
Understanding common terms helps families navigate special needs planning with greater confidence. This glossary covers terminology often used when discussing trusts, benefits, and estate planning in California, including terms related to funding, administration, and benefit rules. Becoming familiar with these concepts enables informed conversations with trustees, caregivers, and legal counsel. Whether you are evaluating a trust’s payback provisions or choosing distribution language, clarity about vocabulary reduces misunderstandings and supports better decision-making for the beneficiary’s long-term care and financial security.
A third-party special needs trust is created by someone other than the beneficiary, commonly a parent or relative, and is funded with the grantor’s assets, such as savings or inheritance. These trusts typically do not require repayment to the state after the beneficiary’s death, allowing remaining funds to pass to other family members or designated beneficiaries. The trust is drafted to provide supplemental support that supplements public benefits without disqualifying the beneficiary. Clear distribution standards and successor trustee designations help ensure that the trust funds are used to enhance the beneficiary’s quality of life in ways consistent with the grantor’s intentions.
A first-party special needs trust is funded with assets belonging to the beneficiary and typically includes a provision that requires repayment to the state for benefits provided during the beneficiary’s lifetime after the beneficiary dies. This trust type allows individuals who receive personal settlement proceeds, inheritances, or other funds to maintain eligibility for public programs while preserving support for supplemental needs during their lifetime. Drafting must comply with federal and California statutes regulating payback requirements and trustee duties, and careful documentation is necessary to meet program rules and preserve the beneficiary’s access to necessary benefits.
Supplemental needs refer to goods and services that enhance a beneficiary’s quality of life but are not covered by public benefits, such as educational programs, therapists not covered by Medi-Cal, transportation, recreation, and certain household items. Basic needs typically include food, shelter, and medical care that public programs may provide. Trustees should make distribution decisions that respect the distinction between supplemental and basic needs, ensuring trust funds are used to provide meaningful support without jeopardizing eligibility for essential public assistance programs that cover core necessities.
A trustee holds the responsibility to manage trust assets prudently, make distributions consistent with the trust’s terms, and keep accurate records of receipts and expenditures. Fiduciary duties require the trustee to act in the best interest of the beneficiary, avoid conflicts of interest, and document decisions carefully to demonstrate that trust funds were used for allowable supplemental purposes. Selecting a trustee who understands benefit rules and maintains transparent, organized records helps protect the beneficiary’s benefits and provides a clear administrative trail for family members and any reviewing authorities.
When evaluating planning options, families should weigh the advantages and limitations of third-party trusts, first-party payback trusts, pooled trusts, and alternative arrangements such as co-trusteeships or payeeship for benefits. Each option affects benefit eligibility, post-death distribution, administrative complexity, and potential costs. Factors like source of funds, expected longevity of the beneficiary, family dynamics, and the need for professional trustee services inform the best choice. Reviewing these options in light of state and federal rules and the family’s long-term caregiving goals supports a plan that balances flexibility, protection of benefits, and responsible stewardship of resources.
A limited trust approach can be suitable when funds are intended for a specific short-term purpose, such as paying for a particular therapy, adaptive equipment, or educational expenses. In such circumstances, a narrowly drafted trust with clear distribution parameters can provide the needed support without creating unnecessary administrative burdens. It may also be appropriate when the family expects a small, defined source of funds that will be exhausted over time. The limited approach should still be drafted to avoid inadvertent disqualification from means-tested benefits and to provide clear guidance for the trustee about permissible uses.
Families with minimal assets earmarked for a beneficiary or those relying heavily on informal caregiver support may prefer a simpler trust arrangement to avoid complex administration. A narrowly focused trust can provide targeted supplemental support while keeping recordkeeping and trustee duties manageable. Even in these cases, it is important to include language that coordinates with public benefit programs and to identify successors for continuity. Simpler plans can be effective when there is a clear understanding among family members about goals and an expectation that assets will be used within a limited scope to enhance the beneficiary’s daily life.
A comprehensive plan becomes necessary when multiple funding sources are involved, such as inheritances, retirement plan distributions, or settlement proceeds, or when family dynamics complicate decision-making. Comprehensive trusts can coordinate assets from different origins, incorporate clear successor trustee instructions, and lay out long-term distribution standards. The broader approach also addresses contingency planning, tax considerations, and potential future needs. Careful integration with wills, powers of attorney, and health care directives helps ensure that funding, guardianship preferences, and administrative responsibilities function together as a cohesive plan.
When a beneficiary’s care needs may change over time, or when public benefit rules could shift, a comprehensive trust plan offers the flexibility and foresight necessary to adapt. Such planning includes provisions for successor trustees, funding contingencies, and mechanisms to preserve eligibility under varying circumstances. It anticipates long-term care costs, potential needs for assisted living or specialized therapies, and coordination with Medi-Cal planning when appropriate. Comprehensive drafting reduces the need for frequent amendments and supports continuity of care and financial support as the beneficiary’s situation evolves.
A comprehensive trust plan offers predictability and protection by consolidating funding sources, setting clear distribution standards, and ensuring continuity of care through carefully chosen successor trustees. This approach reduces ambiguity about how funds should be used, provides a roadmap for trustees navigating benefit rules, and often simplifies interactions with third parties such as care providers or government agencies. By addressing contingencies and integrating the trust with other estate planning instruments, families create a durable structure that supports both immediate supplemental needs and long-term financial stability for the beneficiary.
Comprehensive planning can also reduce family conflict by establishing objective standards for distributions and designating neutral decision-makers to act in the beneficiary’s interest. Including mechanisms for periodic review and amendment allows the plan to remain responsive to changing medical conditions, program rules, and family circumstances. When properly implemented, a broad plan minimizes the risk of inadvertent benefit loss, clarifies administrative responsibilities, and provides a legacy framework that honors the grantor’s intentions while protecting the beneficiary’s access to critical public supports.
A coordinated trust structure helps align multiple funding streams—such as family gifts, inheritances, and settlement proceeds—so they complement rather than jeopardize public benefits. Carefully worded distribution standards and payback provisions, when applicable, protect eligibility for programs like Medi-Cal and Supplemental Security Income. Consolidation of funding under a comprehensive plan also simplifies trustee decision-making, allows for consistent recordkeeping, and streamlines interactions with benefit agencies. The result is a more stable financial environment for the beneficiary that supports supplemental services and items that public programs may not cover.
Comprehensive planning emphasizes succession and continuity by naming successor trustees and outlining procedures for trustee transitions. This reduces disruption in support if a trustee becomes unable to serve and gives family members a clear plan for stewardship of trust assets. Detailed guidance on distributions and documentation preserves the beneficiary’s benefits and reduces disputes. Families benefit from knowing there is a durable plan in place that can endure life changes, financial shifts, and evolving care needs, providing a stable framework for the beneficiary’s wellbeing over the long term.
Begin planning by holding a family meeting to assess the beneficiary’s current and anticipated needs, including medical care, therapies, housing, transportation, and recreational activities. Discuss funding sources and agree on priorities for supplemental support so the trust can reflect realistic expectations. Identifying potential trustees and successor trustees early helps ensure continuity of decision-making. A candid conversation about long-term goals and available resources reduces surprises later and helps the drafting process focus on the provisions most important to the beneficiary’s well-being and financial security.
Select trustees who are capable of balancing compassionate decision-making with careful administration and recordkeeping. Trustees should be comfortable managing finances, communicating with caregivers and agencies, and keeping thorough records to demonstrate that distributions support permissible supplemental needs. Consider naming successor trustees and including provisions for professional trustee assistance when family capacity is limited. Clear guidance in the trust about distribution standards and trustee responsibilities can reduce ambiguity and foster consistent support for the beneficiary across changing circumstances.
Families choose a special needs trust to protect a loved one’s access to critical public benefits while providing discretionary financial support for items and services that improve quality of life. Trust planning addresses concerns about how inheritances, personal injury settlements, or future property transfers may affect eligibility for Medi-Cal or Supplemental Security Income. By creating a tailored plan, families can set clear guidelines for how funds are used, name trusted decision-makers to manage distributions, and plan for contingencies that preserve benefits and provide for long-term care needs.
Beyond benefit preservation, a special needs trust offers peace of mind by establishing a structured and documented approach to supporting a beneficiary throughout life changes. Proper drafting and administration reduce uncertainty about financial decisions and help families avoid unintended consequences that could lead to loss of benefits. A trust also creates a legacy plan allowing parents and relatives to leave resources that meaningfully augment a beneficiary’s life without interfering with essential public supports, ensuring that thoughtful intentions translate into practical ongoing care.
Special needs trusts are often appropriate when a beneficiary is receiving or likely to receive means-tested benefits, when an inheritance is expected that could disqualify benefits, after a settlement involving compensation for the beneficiary, or when parents want to preserve resources for supplemental needs after they are gone. They are also useful when a family wishes to leave assets to a loved one with disabilities but wants to ensure funds are managed responsibly and used to enhance quality of life without risking eligibility for vital public assistance programs.
When families anticipate that a beneficiary will receive an inheritance or substantial gift, a special needs trust can accept those assets without counting them as available resources for means-tested benefits. Drafting the trust to receive third-party funds allows the assets to be used for supplemental support while preserving eligibility for Medi-Cal and other benefits. The trust can provide for a range of allowable expenses, from educational supports to therapeutic services, so the inherited funds enhance the beneficiary’s life in sustainable and compliant ways.
When a settlement or award is paid to a person with disabilities, placing proceeds into a properly structured first-party special needs trust can maintain benefit eligibility while ensuring compensation is used for the beneficiary’s supplemental needs. These trusts must include any required payback provisions and meet statutory requirements to be effective. Appropriate documentation and careful drafting protect both the beneficiary’s short-term benefits and their long-term financial wellbeing, allowing settlement funds to be managed prudently for their intended purpose.
Parents often create special needs trusts as part of a long-term plan to ensure their child’s ongoing support and to designate trusted decision-makers to act after the parents are no longer able to serve. These plans consider potential long-term care needs, housing arrangements, and coordination with public benefits. Integrating the trust with wills, powers of attorney, and health care directives helps families craft a comprehensive strategy that addresses both financial resources and practical caregiving concerns for the beneficiary’s lifetime.
We are here to help San Mateo families navigate the planning decisions required to protect a loved one with disabilities. Our services include drafting third-party and first-party trusts, coordinating trust funding, advising trustees on permissible distributions, and preparing companion documents such as wills, powers of attorney, and health care directives. We also assist with Medi-Cal planning questions and provide practical guidance for trustees and family caregivers, helping ensure the beneficiary receives appropriate supplemental support while maintaining eligibility for public benefits in California.
Clients turn to our office because we combine careful legal drafting with a focus on realistic planning and clear communication. We listen to family goals and tailor trust language to address funding sources, distribution priorities, and trustee responsibilities. Our team helps integrate the trust with other estate planning documents and advises trustees on administrative practices that preserve benefit eligibility. Families appreciate our practical approach to creating durable plans that provide meaningful, supplemental support for beneficiaries with disabilities in San Mateo and throughout California.
We also prioritize accessibility and responsiveness, working with clients to explain options in plain terms and to anticipate common administrative issues trustees may face. We provide guidance on recordkeeping practices, distribution documentation, and coordination with benefit agencies to reduce potential disputes or misunderstandings. Our goal is to create a plan that stands the test of time, offering clarity to families and trustees while protecting the beneficiary’s access to essential public supports and enhancing overall quality of life.
Beyond drafting, we assist clients with funding strategies, help coordinate transfers at the appropriate times, and offer practical advice on trustee selection and successor arrangements. When requested, we work alongside financial advisors, social workers, and care providers to craft solutions that meet the beneficiary’s needs. Our firm places a high priority on planning that is both legally sound and practically workable for families caring for a loved one with disabilities in San Mateo County.
Our process begins with a thorough intake to understand the beneficiary’s needs, the family’s goals, and any anticipated funding sources. We review existing estate documents, benefit status, and caregiving arrangements to identify planning priorities and potential risks. From there we draft the trust and companion documents, review them with the family, and make revisions to align with client objectives. After execution, we provide guidance on funding the trust and offer ongoing support to trustees, including practical administrative recommendations and periodic reviews to keep the plan current with evolving circumstances.
The initial consultation focuses on gathering detailed information about the beneficiary’s medical condition, existing benefits, current household arrangements, and potential funding sources. We listen to family goals and priorities to build a planning framework that aligns with those objectives. This stage also identifies immediate concerns and any urgent drafting needs. By clarifying the short- and long-term aims for the beneficiary’s support, we establish the foundation for a trust that is both protective of benefits and tailored to the family’s vision for supplemental care and comfort.
We ask clients to bring existing estate planning documents, benefit award letters, medical records, and any documentation related to anticipated funding sources. Reviewing these materials helps us understand current eligibility for Medi-Cal, Supplemental Security Income, and other programs, and allows us to draft trust language that addresses specific benefit interactions. Comprehensive document review reduces the risk of drafting errors and ensures the trust is compatible with the beneficiary’s current benefit status and future planning needs.
Early in the process we discuss potential trustees and successors, considering qualities such as trustworthiness, organizational ability, and willingness to serve. We provide guidance on naming co-trustees, successor trustees, and backup arrangements to ensure continuity of administration. This planning minimizes disruption if a trustee becomes unavailable and helps families anticipate future transitions. Clear succession provisions support seamless management of distributions and protect the beneficiary’s access to supplemental supports over time.
During drafting we prepare trust documents tailored to the chosen structure and funding strategy, and we draft companion estate planning documents needed to fund and coordinate the trust. We include distribution standards, trustee powers, recordkeeping requirements, and any necessary payback language. After producing draft documents we review them with the family, explain key provisions in plain terms, and make revisions to reflect client input. This collaborative review helps ensure that the final documents align with both legal requirements and the family’s intentions.
When a first-party trust is necessary, we include required payback language and draft funding instructions to meet statutory requirements. For third-party trusts, we outline how inheritances or gifts may be directed into the trust without jeopardizing benefits. Funding provisions are written clearly to guide executors and trustees on how assets should be transferred. Proper drafting at this stage reduces the risk of future disputes and helps ensure that trust assets will be used in a manner consistent with benefit preservation goals.
Alongside the trust we prepare wills, powers of attorney, health care directives, and any trust certifications needed to provide proof of authority to third parties. We coordinate execution to ensure documents are properly signed and witnessed under California law. After execution, we provide clients with copies and guidance on how to fund the trust, where to store documents, and how to inform trustees and relevant agencies. These steps complete the legal foundation for the beneficiary’s supplemental support plan.
After documents are executed, funding the trust and establishing administrative practices are essential for effective operation. We assist with transferring assets, titling accounts, and preparing trust certifications for financial institutions. Ongoing support includes trustee guidance on distributions, recordkeeping, and reporting obligations, as well as periodic reviews to update the plan in response to life changes or benefit rule adjustments. Continuous communication helps ensure the trust remains effective and that the beneficiary receives consistent supplemental support over time.
We help families with practical steps to move assets into the trust, including retitling bank and investment accounts, designating beneficiaries, and coordinating transfers at probate or through beneficiary designations. Proper funding is essential to achieving the trust’s goals and avoiding unnecessary probate or benefit complications. Clear instructions and assistance with paperwork reduce the likelihood of errors that could undermine the trust’s ability to protect benefits and provide supplemental support for the beneficiary.
We provide trustees with guidance on duties, distribution practices, recordkeeping, and interactions with benefit agencies. Trustees benefit from practical advice on documenting distributions for allowable supplemental items and maintaining transparent financial records. Ongoing consultations are available to address questions that arise during administration, to help trustees respond to changes in the beneficiary’s needs, and to adjust trust management strategies as required. Continuous support helps trustees fulfill their responsibilities while protecting the beneficiary’s benefits and quality of life.
A special needs trust is a legal instrument designed to hold assets for a person with disabilities while preserving eligibility for means-tested public benefits. The trust’s funds are used for supplemental items and services that enhance quality of life without being counted as the beneficiary’s personal resources for programs with strict asset or income limits. Proper trust language and administration are necessary to prevent assets held in the trust from disqualifying the beneficiary from programs such as Medi-Cal or Supplemental Security Income. The trustee manages distributions according to the trust terms and maintains records that show funds were used for allowable purposes. Different trust structures address various funding sources and payback obligations, so choosing the correct type and drafting clear distribution standards helps ensure both benefit preservation and practical support for the beneficiary over time.
A special needs trust can be funded by third-party gifts or inheritances, by the beneficiary’s own assets in certain situations, or by settlements paid on behalf of the beneficiary. Third-party trusts are funded by relatives or friends and typically do not require repayment to the state after the beneficiary’s death. First-party trusts receive the beneficiary’s own funds and generally include provisions for repayment to the state for benefits paid during the beneficiary’s lifetime. When funding a trust, careful planning is necessary to document transfers and to ensure the funding method aligns with statutory requirements. Coordinating with executors, financial institutions, and benefit administrators helps prevent mistakes that could jeopardize eligibility and ensures trust assets are available for supplemental support.
A third-party special needs trust is created and funded by someone other than the beneficiary, often a parent, and is intended to provide supplemental support without requiring payback to the state. These trusts are commonly used to hold inheritances or family gifts for the beneficiary. In contrast, a first-party trust is funded with assets that belong to the beneficiary and typically includes a payback provision to reimburse the state for benefits received during the beneficiary’s lifetime. The choice between these types depends on who provides the funds and on the family’s objectives for post-death distribution of remaining assets. Each structure has different drafting and administrative requirements designed to preserve benefit eligibility while meeting the beneficiary’s needs.
Trustees can pay for some day-to-day expenses from a special needs trust when those expenses are considered supplemental and do not duplicate benefits provided by public programs. Examples may include personal care items, therapies not covered by Medi-Cal, transportation, or recreational activities that enhance quality of life. Trustees should avoid using trust funds for basic needs that would otherwise be provided by public benefits if doing so could be interpreted as replacing or duplicating those benefits. Maintaining detailed records and understanding program rules are essential to ensure distributions do not inadvertently affect benefit eligibility. Trustees should document the purpose of each distribution and keep receipts and explanations showing how funds supplement, rather than replace, public assistance.
When choosing a trustee, consider a person or entity who can manage finances responsibly, communicate effectively with family and service providers, and keep thorough records of receipts and distributions. The trustee should understand the beneficiary’s needs and be willing to make distribution decisions aligned with the trust’s standards. Because administration involves legal and practical responsibilities, some families name co-trustees or successor trustees to ensure continuity if the primary trustee cannot serve. It is also helpful to choose a trustee who is comfortable coordinating with benefit agencies and care providers, or to include provisions allowing professional trustee assistance if family capacity is limited. Clear written guidance in the trust about trustee duties and distribution criteria reduces ambiguity and helps avoid family disputes.
Special needs trusts interact with Medi-Cal and Supplemental Security Income by holding assets in a way that prevents them from being counted as the beneficiary’s personal resources for means-tested eligibility determinations. Trusts must be drafted and administered to comply with the rules that govern these programs. For Medi-Cal, certain asset and income considerations affect eligibility and reimbursement, while Supplemental Security Income looks at available resources when determining benefit amounts. Trustees should be mindful of reporting requirements and how distributions may affect benefit calculations. Coordination with legal counsel and benefit advisors helps ensure distributions are structured to preserve eligibility and that trustees maintain proper documentation when interacting with program administrators.
Whether a special needs trust affects eligibility for housing assistance or other programs depends on the specific rules of each program and how trust assets are characterized. Some programs consider trust resources when determining eligibility, while others do not if the trust is properly structured. Trustees should understand program rules and consult with advisors to assess potential impacts on housing assistance, food support, and other benefits. It is important for trustees to maintain transparent records and to seek guidance before making distributions or reporting trust resources to agencies. Proper planning and clear trust provisions help minimize unintended consequences for housing and other publicly funded supports.
What happens to remaining trust assets when the beneficiary dies depends on the trust’s terms and the type of trust. In third-party special needs trusts, remaining assets may be distributed to successors named by the grantor, such as other family members or charitable beneficiaries. In first-party payback trusts, state law typically requires that remaining assets be used to reimburse the state for benefits provided during the beneficiary’s lifetime before any residual funds are distributed to other beneficiaries, if allowed. Clear drafting that describes post-death disposition and payback requirements is essential to set expectations for heirs and to comply with statutory obligations. Families should review these provisions to understand who will receive any remaining funds and how payback rules will be applied.
Whether a special needs trust can be changed or revoked depends on how it was created. Irrevocable trusts are generally not revocable by the grantor, though some include limited amendment powers or mechanisms for judicial modification in response to changed circumstances. Third-party trusts funded by others may have terms allowing modification under certain conditions, while first-party trusts created under specific statutes must meet legal requirements and may have limited flexibility. If circumstances change, trustees and family members can sometimes seek court approval to modify trust terms to better serve the beneficiary. Regular review of planning documents and proactive drafting that anticipates future needs can reduce the need for court intervention and help keep the plan effective over time.
To get started setting up a special needs trust in San Mateo, gather relevant documents such as benefit award letters, medical records, any existing estate planning documents, and information about potential funding sources. Schedule an initial consultation to discuss the beneficiary’s needs, family goals, and the options that best align with those objectives. This intake helps identify whether a first-party or third-party trust, or another arrangement, is most appropriate for your situation. From there, work with counsel to draft the trust and companion documents, execute them according to California law, and take steps to fund and administer the trust properly. Ongoing assistance can help trustees navigate distributions and reporting obligations to maintain the beneficiary’s eligibility for public programs.
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