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Fairfax, VA Special Needs Trust Attorneys

Robinson Law, PLLC Robinson Law, PLLC Robinson Law, PLLC
Robinson Law, PLLC Robinson Law, PLLC Robinson Law, PLLC

Supportive Special Needs Trust Lawyers for Clients in Fairfax

★★★★★

Michael Robinson and his team were absolutely amazing!

He was very personable and actually cared and never viewed me as a "number" worked with me every step of a way.

Creating a sound estate plan requires careful forethought. You will have to consider what you want to pass down to your beneficiaries to make sure they are taken care of after you are gone. If you have a beneficiary with special needs or a legal disability, the process can become much more complex.

At Robinson Law, PLLC, our Fairfax, VA special needs trust attorneys can help you create a plan to support your loved ones who may be more vulnerable. Our lawyers have years of experience, and over time, we have built up a trusted reputation throughout northern Virginia for our client-first approach.

What Makes a Special Needs Trust Different?

A special needs trust is intended to hold assets for a person with a disability without rendering them ineligible for government benefit programs like Medicaid or Supplemental Security Income.

Those programs have strict asset and income limits. If a person with a disability receives a direct inheritance or a lump sum of money, it can push them over those limits and interrupt benefits they depend on for housing, healthcare, and daily support.

A special needs trust gets around that problem by holding assets separately. The trust owns the property, not the beneficiary. When structured correctly, the funds inside the trust can be used to pay for things that improve the beneficiary's quality of life, such as education, transportation, recreation, and personal care items, without being counted against their benefit eligibility. That distinction is what makes this type of trust worth understanding carefully before drafting one.

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Robinson Law, PLLC

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Michael A. Robinson

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Michael A. Robinson

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Michael A. Robinson founded Robinson Law, PLLC with the mission of providing affordable legal services. He helps families create special needs trusts for their loved ones that provide long-term support while preserving access to government benefits.

What Assets Should a Special Needs Trust Include?

The right assets for a special needs trust depend on the beneficiary's circumstances, the source of the funds, and the type of trust being used. Generally speaking, the trust can be funded with a range of assets, including:

  • Cash, savings, and investment accounts
  • Proceeds from a personal injury settlement or verdict
  • Inheritances left by a parent, grandparent, or other family member
  • Life insurance policy proceeds
  • Real estate, in certain situations
  • Gifts from family members who want to contribute over time

One thing to be careful about is how the trust is funded and by whom. There are different types of special needs trusts, and the rules around each one vary. A first-party trust, also called a self-settled trust, holds assets that belong to the person with the disability, like a payout from a personal injury settlement.

A third-party trust holds assets contributed by someone else, such as a parent who wants to leave money behind without disrupting their child's benefits. Each type carries different rules, including whether the state must be repaid for Medicaid costs after the beneficiary passes away.

How to Set Up a Special Needs Trust in Fairfax

Setting up a special needs trust starts with understanding what the beneficiary currently receives in terms of government assistance, what their long-term needs look like, and what assets are available to fund the trust.

The trust document itself should be crafted to align with federal law and Virginia requirements. Errors in language or structure can jeopardize benefit eligibility or limit what the trustee is allowed to do.

Once the trust is created, assets need to be properly transferred into it. A trustee must be named, whether that is a family member, a professional trustee, or a non-profit organization. The trustee must manage distributions in a way that stays within program rules and genuinely serves the beneficiary's needs. This is not a document you want drafted without experienced legal guidance.

Meet With a Fairfax, Virginia Special Needs Trust Lawyer

A special needs trust can protect someone you love without taking away the support they count on. At Robinson Law, PLLC, our attorneys are here to help you navigate the complexities of estate planning. Call 703-844-3746 or contact our Fairfax, VA special needs trust attorneys to schedule a free consultation.

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