We work to help qualify whether Special Needs Trust Planning for yourself or Supplemental Needs Trust Planning for a third party with a disability that qualifies for means-based public benefits, such as Supplemental Security Income (SSI) and Medicaid is a good fit.

The purpose of this type of planning is to avoid a direct transfer of assets to the beneficiary that could disqualify them from needs-based assistance.

Types of Special Needs Trusts:

· First Party Special Needs Trust (AKA (d)(4)(A) Trust): a trust that is funded with assets that belong to the beneficiary with a disablity. Some situations that may cause this to occur are (injury settlement, inheritance, retroactive benefits, or other property in the beneficiary's name). Note the trust must be settled before the beneficiary reaches the age of 65.

· Pooled Trusts (AKA (d)(4)(C) Trust): a trust that is established and managed by a nonprofit organization. The nonprofit organization maintains separate accounts for the individual beneficiaries but pools the assets for investment efficiency.

· Third Party Supplemental Needs Trust (Note some practioners utilize the phrasing of Third Party Special Needs Trusts): a trust that is funded with assets belonging to someone other than the beneficiary. Unlike the First Party Special Needs Trust there is no age limitation.

· Secure Supplemental Needs Trusts can help Eligible Designated Deneficiaries (EDBs) to receive distributions from retirement accounts with the stretch past the current 10 year distribution requirement for non-eligible EDBs.

Note EDBs include surviving spouse, a child of the owner who has not reached age of majority, disabled , chronically ill, or an individiual not described above who is not more than 10 years younger than the owner