Call (626) 587-0009 or click here to schedule a consultation!
***We are not accepting any additional litigation cases at this time.***
P R O T E C T I N G L E G A C I E S
A California Estate Planning & Inheritance Rights Law Firm
Special Needs Trust Within Living Trust
If someone you plan to leave an inheritance to has a disability for which they are receiving governmental aid, you can add terms of a "Special Needs Trust" within your revocable trust.
​
This will allow that person to get the benefit of the inheritance without affecting the government assistance they are receiving.
​
It will also let you place managers that you trust over that person's share of inheritance for the rest of their life or until the funds are depleted.
​
If the person with the disability lives with you, then you may want to also pair the "Special Needs Trust" with a "Life Estate" to ensure that person will always have a place to reside that is not a facility.
How does a Successor Trustee Fund a Third Party Special Needs Trust With An Inheritance from a Trust?
Third party SNTs are funded with assets that belonged to a person other than the trust beneficiary who has the disability, and to which that individual never had possession or legal interest.
Third party trusts are not subject to recovery by the Department of Health Care Services (DHCS).
At the time the Special Needs Trust is established, the successor trustee is required to notify DHCS at least 15 days prior to the hearing pursuant to Probate Code Sections 3600-3605 and 3610-3613. Additionally, upon trust termination, the trustee is required to notify DHCS pursuant to Title 22, 50489.9 (d)(2).
​
Notices can be mailed to Department of Health Care Services, Special Needs Trust Unit, MS 4720, P.O. Box 997425, Sacramento, CA 95899-7425.
​
Let's connect!
1000 Lakes Drive, Suite 450
West Covina, CA 91790
​
11531 S. 6th Street, Suite 105
Ontario, CA 91762