Special Needs Trusts

Helping Clients Protect Their Assets for Loved Ones With Disabilities

If your spouse, child or other loved one has a physical or mental disability, you may want to take special steps during the estate planning process to ensure that your assets can be used to maximize the medical and personal care available to that person after your death.

At Kuhn Law Firm, P.A., we help clients plan for the care of disabled loved ones, often through the creation of supplemental needs trusts (aka special needs trusts). Fort Myers special needs trust attorney Scott A. Kuhn has extensive experience helping clients create these trusts.

Understanding Why Special Needs Trusts Are Necessary

If you use a standard will or trust to leave your assets to a loved one with a disability, he or she may not qualify for Medicaid — which pays for long-term nursing care and other medical expenses — or Supplemental Security Income (SSI) until your assets have been exhausted.

A special needs trust sets aside your assets so that they can only be used to provide care to your loved one above and beyond what is available through government benefits.

A properly created supplemental needs trust ensures that your assets are put to their best use in combination with government programs such as Medicaid and Social Security Disability benefits. It is important to work with an experienced lawyer to ensure that your trust meets the strict federal and state requirements for special needs trusts.

If you have moved to Florida from another state, you should know that Florida has different requirements for special needs trusts than other states. We can review your trust to ensure that it complies with Florida law, and we can help you update or modify it as necessary.

Contact Us at 239-344-9430

At Kuhn Law Firm, we are committed to helping our clients plan for the care of their disabled children, spouses and other loved ones. To schedule a free consultation to discuss your options with attorney Scott A. Kuhn, please contact us at 239-344-9430 or by e-mail.