Westchester County Special Needs Trust Lawyer

Westchester County Special Needs Trust Attorney

Most parents are concerned about the future and well-being of their children. Thankfully, there is an aspect of estate planning that allows you to plan ahead for the future care of your child in the event that you are no longer here to provide that care and protection yourself. This is especially helpful for children living with disabilities. At Greco Law, our attorneys can walk you through the various steps of setting up a Westchester, NY, special needs trust.

What Constitutes a Special Needs Trust in Westchester, NY?

A special needs trust, or a SNT, is a legal arrangement often involved in estate planning that allows you to support a dependent with a severe or long-term disability. The trust serves as a way to keep funds allocated for the ongoing needs of the beneficiary with special needs, and works to maintain or increase their overall quality of life without losing out on necessary governmental assistance programs or benefits.

Typically, a special needs trust is created in conjunction with a will and becomes effective upon the death of the grantor. The main goal of a special needs trust is to support the individual with a disability beyond the provisions of the state and federal government without harming the beneficiary’s access to government programs due to an increase in assets. For this reason, the funds held within a special needs trust are used to supplement rather than supplant those benefits.

The creation and establishment of a special needs trust can be initiated by any party for the benefit of the individual with special needs, regardless of their relationship to the person with a disability. Usually, the grantors are the parents or grandparents of the individual with disability, but can also be a legal guardian or even a compassionate, unrelated individual. Typically, a special needs trust will be set up as irrevocable, meaning it cannot be modified or terminated.

There are some cases where the trust will be set up using the funds of the individual themselves. Upon their death, any remaining assets held within the trust will be used to reimburse the government for the benefits that were used within the lifetime of the person with special needs. This can allow the individual to preserve their assets and also allow them access to the support they need both from the trust itself and from the state and federal governments.

Expenses Commonly Paid for by a White Plains Special Needs Trust

In a special needs trust, the assets can be used to pay for expenses that can enrich the life of the disabled beneficiary. These expenses most often include the following:

• Medical services. One of the most common expenses of a beneficiary of a special needs trust is for medical costs. If the beneficiary does not receive Medicaid, then their medical costs can be covered by trust funds.
• Assistive tech. For many people with disabilities, assistive technology can be a necessity. Trust funds can be used to pay for these devices used for communication or mobility purposes.
• Education. If the individual with a disability is in need of vocational training or educational expenses, trust funds can be allocated to cover these expenses.

Speak With a Compassionate Special Needs Trust Lawyer Today

If you have decided it is time to set up a trust for an individual with special needs in your life, the team at Greco Law is here to help. Contact our offices today to schedule your Legacy Planning Session and learn more about our services.