Special Needs Planning

Special Needs Planning

Asheville Special Needs Planning & Trusts For Families in Buncombe County, Henderson County & Western North Carolina  

If you have a disabled child or spouse, you understand the lasting nature of their needs.

How can you ensure their lifetime care if something happens to you?

Let us assist you in devising a comprehensive plan that offers financial security while safeguarding their government benefits.

What can I do for my loved one with disabilities?

Frequently, well-intentioned families inadvertently put their disabled loved one’s crucial government benefits, like Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Medicaid, and Medicare, at risk.

How does this occur?

Motivated by their desire to care for and support their loved ones, these families often directly provide significant sums of money to their loved ones, typically through an inheritance.

Their intentions are noble. They aim to ensure their loved one’s well-being. However, receiving these funds can lead to the loved one becoming ineligible for essential government benefits.

Once these personal funds are depleted, the safety net provided by these benefits disappears.

So, what’s the solution?

We recommend a special needs trust. 

Contact us at (828) 809-1629 or click here to get started today.

Why Choose The Forest Law Group?

  • Accessible and Approachable
    Legal planning can feel overwhelming. Our goal is to create an environment where clients feel comfortable asking questions, exploring options, and having honest conversations without intimidation.
  • Education First
    We believe informed clients make better decisions. That's why we explain legal concepts in plain language, empowering you to confidently choose the path that's right for your family.
  • Experience Rooted in Service
    Before practicing law, Brian spent nearly a decade working in social services. That experience shaped a compassionate, solutions-focused approach that clients won't find at a typical law firm.
  • Family-Centered Guidance
    We take the time to understand your family's unique circumstances and goals, creating plans tailored to the people and relationships that matter most.

What Are Special Needs Trusts?

A special needs trust offers a solution for providing financial assistance to your disabled loved one while safeguarding their public benefits.

Instead of directly transferring money to your disabled child or spouse, you place your funds into this trust. This strategy prevents the government from counting these funds against them. 

If you have a disabled family member, you can select one of two types of special needs trusts to secure their benefits:

First-Party Trust

Funded using the disabled person's own money, such as an inheritance or award in a lawsuit, and established by the person with the disability or their legal representative. Any remaining funds in this trust may cover care expenses upon their passing.

Third-Party Trust

Created and funded by someone else, such as a parent or grandparent. When the disabled individual dies, any remaining funds in this trust are distributed  to the family or recipients of your choice, rather than the government.

In addition to special needs trusts, there are also ABLE accounts. This tax-advantaged savings account is designed to help families accumulate funds for their disabled children without affecting eligibility for benefits programs.

Contributions to an ABLE account are tax-free if the money is used for qualified disability expenses, such as housing, food, transportation, education, healthcare, or support services.

You want the best future for your disabled loved one.

You wouldn’t want them to lose their benefits due to an inadvertent error on your part.

Setting up and funding a special needs trust correctly is essential. Moreover, using the trust funds appropriately is equally crucial to prevent any negative impact on their benefits.

Having a special needs planning team by your side ensures protection for your loved one both now and in the future, even when you may no longer be around to provide guidance and support.  

Planning Can Be Challenging

Your disabled loved one relies on your support for every aspect of their life.

Simultaneously, you’re managing the complexities of government benefits and administrative hurdles.

  • But what happens when you're no longer here?
  • Will they retain their benefits?
  • Who will ensure their continued safety and protection in your absence

We understand your unwavering desire for the best possible future for your disabled loved one.

Through special needs planning, you can craft a comprehensive plan that secures their long-term well-being, granting you peace of mind today.

We are here to help with your special needs planning.

Preparing for the lifelong care of your loved one might seem daunting, but you’re not alone.

Our team possesses the experience, knowledge, and understanding required to navigate the intricate regulations surrounding special needs trusts.

Rest assured, we are here to provide you with the legal tools and support you need to shape the future you envision for them.

Advantages of a Special Needs Trust

A Special Needs Trust offers more than just safeguarding public benefits.

Here are some additional advantages to support your loved one with disabilities:

Caretaker Choice

You can select who will care for them if something happens to you. This trust guarantees that the chosen individual is appointed.

Tax-Free Giving

A Special Needs Trust allows family members to contribute directly to the trust without incurring gift taxes.

Total Control

With this trust, you maintain complete control over the funds, determining the amount and timing of disbursements in compliance with SSA and IRS regulations.

Enhancing Quality of Life

A Special Needs Trust addresses a wide range of needs, from transportation and education to personal care, all while preserving access to Medicaid and SSI.

A Special Needs Trust is an empowering tool for your disabled loved one.

Our team can assist you in tailoring the trust’s structure to your specific circumstances, ensuring uninterrupted access to your loved one’s benefits

Our Testimonials

    "I felt zero stress going through the whole process, and very happy with the results."

    The whole experience was very professional, competent, supportive, personable, relaxed, and friendly.

    Rick Leach
    "Professionalism with a welcoming atmosphere."

    The staff are attentive and genuinely care about your needs.

    Greg Mayer
    "Brian and Jean have always been extremely kind, patient and knowledgeable."

    I would recommend using their services to all my friends and family.

    Anny Guthy

Contact The Forest Law Group Today!

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2 Town Square, Suite 200
Asheville, NC 28803
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Call Us Today! 828-809-1629
The Forest Law Group The Forest Law Group
Contact 828-809-1629
Address
2 Town Square, Suite 200
Asheville, NC 28803
Map & Directions
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