You’ve spent years creating a supportive environment for a loved one with special needs, ensuring they have access to the best care, resources, and opportunities. But as you think about the future, an essential question looms -what happens when you’re no longer there to provide that support?

Special needs estate planning offers a way to secure their well-being and financial stability, allowing you to rest assured that they’ll be taken care of for years to come.

Let’s go through what to know about special needs estate planning.

Why Special Needs Estate Planning Is Essential

Unlike traditional estate planning, which primarily focuses on wealth transfer, special needs estate planning is tailored to preserve eligibility for government benefits. These benefits often have strict asset limits, and without a specialized plan, even a small inheritance could unintentionally disqualify a person with disabilities from receiving crucial support.

A well-designed estate plan protects these benefits by managing assets, ensuring that funds are available for supplemental care without disrupting eligibility.

Parents and guardians often worry about who will take over their role and how their loved one’s future needs will be met. A comprehensive plan allows families to designate trusted individuals to manage finances, oversee medical decisions, and continue to provide for their loved one’s specific needs. Through carefully appointed guardianships, trustees, and healthcare proxies, families can maintain a sense of control and reassurance that their loved ones will be cared for.

Special needs estate planning provides financial flexibility to address various aspects of the individual’s quality of life that government programs might not cover, such as:

• Recreational activities
• Travel
• Personal enrichment

Key Components of a Special Needs Estate Plan

A comprehensive special needs estate plan includes several essential components that work together to protect the well-being, financial security, and quality of life for individuals with disabilities. One of the foundational elements is the special needs trust.

An SNT allows families to set aside funds that can be used to cover a variety of expenses.

While individuals with disabilities often have varying degrees of independence, some may need assistance making decisions. Guardianship designates a trusted person to make decisions in these areas, providing protection and oversight where needed.

Families can also establish successor guardianships. This ensures a smooth transition if the primary guardian can no longer serve. This continuity of care helps maintain the stability and support necessary for the individual’s well-being.

A power of attorney and health care proxy are also essential parts of estate planning for families. These documents allow designated individuals to handle the loved one’s financial and healthcare matters if they cannot make these decisions independently.

Funding the Special Needs Trust

Funding a Special Needs Trust is one of the most critical steps in creating a secure financial foundation for a loved one with disabilities.

Parents and caregivers often use life insurance as a reliable funding source because it can provide a guaranteed sum to the trust upon the policyholder’s passing. By making the trust the recipient of a life insurance policy, families can make sure that funds are available to support their loved one in the future.

Families may choose to fund the trust with savings, investments, or other assets. These can include:

• Cash
• Stocks
• Bonds
• Other investments

When selecting these assets, it’s essential to consider both liquidity and growth potential to ensure the trust can cover expenses over the individual’s lifetime.

Choosing Trustees

Choosing the right trustee is one of the most important decisions in special needs estate planning.

Families may first consider a close family member as trustee. A family member, particularly someone already involved in the loved one’s life, may have a deep understanding of the individual’s preferences, needs, and daily routines. This familiarity can be beneficial, especially when making decisions about spending that directly impact the loved one’s quality of life.

Appointing a professional trustee, such as a financial institution or trust company, can be a smart option. Professional trustees are well-versed in trust administration, investment management, and public benefit rules, which is invaluable for maintaining compliance with benefit requirements. These institutions have extensive experience handling trusts and can provide stability and consistency in management.

Some families find that a co-trusteeship – where a family member and a professional trustee share responsibilities – offers a balanced solution. In this arrangement, the family member provides personal insights into the loved one’s needs, while the professional trustee handles financial management and compliance.

Choose The Right Disability Estate Planning Lawyer

A lawyer with expertise in disability estate planning can help families secure their financial future. Make sure you ask plenty of questions, to ensure you and your new lawyer are on the same page.

Another key factor is the attorney’s experience with guardianship and conservatorship arrangements. Some individuals with disabilities may need assistance with medical, financial, or daily decision-making, which requires a legal guardian or conservator. An experienced lawyer can guide families through the process of establishing these roles in a way that respects the individual’s rights and autonomy.

A disability estate planning lawyer should also demonstrate empathy and a commitment to the family’s unique goals. The planning process can be highly emotional, as it often requires making decisions about future care, financial security, and personal well-being.

A compassionate lawyer will take the time to understand the family’s values, preferences, and the specific needs of the individual. They should be willing to explain complex legal concepts in a way that’s easy to understand, empowering families to make informed choices.

Consider the attorney’s network of resources and connections within the disability community. A well-connected lawyer can provide referrals to other professionals, such as:

• Financial advisors
• Care coordinators
• Life planners

who may play an important role in supporting the individual with special needs.

Special Needs Estate Planning: Invest Today

There’s a lot that goes into special needs estate planning. Hopefully, this guide will get you set up for success.

Do you need help with financial planning for special needs? Rhodes Law Firm, PC has been helping families like yours protect your future for over 40 years.

Call us to learn more.

This article by success.com discusses the significant wealth transfer expected from baby boomers to younger generations, raising issues around inheritance planning.

The Great Wealth Transfer involves trillions moving from baby boomers to millennials and Gen Z, affecting the economy. Financial adviser Sofia Cianciulli emphasizes planning for tax-efficient wealth transfer. However, expectations often do not align with reality. Inheritance can create emotional tension within families, especially when wills are disputed.

Grief psychologist Bêne Otto advocates open conversations about wills to prevent misunderstandings. Cianciulli suggests including life insurance, debts, and asset distributions. Families can mitigate disputes by discussing everyone’s inheritance intentions. These conversations foster connection and clarity, easing the emotional burden during times of loss.

In 2022, over half of Americans had no kind of estate plan set up. That includes a will, a living trust, or a living will. Many of them could benefit from stating their wishes for their assets after they pass.

One of the key components of an estate plan is to find the best trustee. This trustee is the person in charge of your assets until the time you have designated they pass it on to the beneficiaries.

Here’s your “choosing a trustee” guide and how to find a trustee you can rely on.

1. Trustworthiness and Integrity

As the name implies, the first and most important trustee criteria is that they’re someone you trust. The person you choose will handle your assets on your behalf and act in the best interests of your beneficiaries. They need to be someone with integrity and strong ethical principles.

Some of your options for trustee include:

• Wealth management and trust company
• Friends or family
• Trust attorney

A wealth management and trust company provides access to finance professionals and accountants who can handle your assets. They do so with the assistance of attorneys that can help them follow the law. 

Alternatively, you can trust a friend or family member to hold onto your assets until the designated time. A person might utilize this option if they have savings they only want their child to access when they come of age.

You could also hire a trust attorney or lawyer as your trustee. They can be a reliable option if you only want them to watch over your savings. A lawyer won’t have as much experience with investment opportunities.

2. Financial and Legal Acumen

One of the main benefits of a trust is to provide financial security for your children. A well-crafted one can reduce family conflict and avoid probate.

Managing a trust requires more than just a sense of responsibility and dedication. The person you choose may also need to deal with complex financial and legal matters.

It’s best to choose someone with financial literacy and experience with finance and law. It’s even better if they are familiar with all of your investments and assets.

You’ll also want the trustee to have the common sense to reach out to experts when needed. This may mean consulting professionals to make more informed decisions. Provide the contact information for attorneys or accountants you’ve relied on in the past.

3. Availability and Commitment

A trustee’s responsibility can take up much of their time, especially right after they take on the role. It may involve regular reviews, communication with beneficiaries, and handling taxes and trust records. You wouldn’t want to force this role on someone who is already spending all their time on their job or some other commitment.

Ensure whoever you choose knows this is a long-term commitment. Friends and family may not understand how much they’ll need to shoulder after you’re gone.

It’s for this reason you may want to choose a company or attorney to handle something complex, such as your investment portfolio. Alternatively, include instructions for your trustee to reach out to professionals for certain tasks. 

4. Relationship with Beneficiaries

You may want to hire a trustee who has a pre-existing relationship with your beneficiaries. Their relationship can smooth over the power dynamic and allow for an easier transition. However, personal relationships can also complicate matters, especially with family members.

Consider your family and how they would respond to the passing on of your financial matters. Are they the kind to work together and respect your wishes? Or do you expect confrontation?

If you expect conflict, it may be best to choose a neutral third party to avoid emotional bias. Professional trustees provide an impartial approach and can remain objective in their decisions.

5. Understanding Your Wishes

Two of the main types of trusts include a living trust and an irrevocable trust.

A living trust, or revocable trust, is one you control while you’re alive. It’s often used as a substitute for a will.

An irrevocable trust is one you can’t change after you’ve set it up. This kind is a good option if you want to set something up for your children or grandchildren. It protects the trust from other adults until the beneficiaries are of age to access it. 

The revocable trust requires you to name someone else as the trustee. This person is who manages your assets. You won’t require a trustee with an irrevocable trust.

Your trustee must understand and respect your wishes when it comes to your trust. It’s especially important if your trust includes complex instructions or a wide variety of assets.

6. Costs and Fees

Hiring a trustee comes with its share of costs, especially when you hire a professional. Trustees are entitled to compensation for their time and effort. The fees paid to them will depend on the complexity of the trust, the level of involvement required, and their background.

Individual trustees, such as a friend or family member, may not charge you for their services. However, you wouldn’t normally leave them a complicated trust or one that requires heavy maintenance.

More complicated trusts will need professional help. As such, they’ll often charge you more for their services. In general, expect them to charge a percentage of the trust’s assets or a flat fee.

It’s important to speak with your attorney when you set up your trust so you can know your options.

How to Find a Trustee You Can Rely On

If you’re still wondering how to find a trustee in your area, follow these reliable trustee steps. Consult with your attorney, talk to your friends and family, and research a wealth management and trust company. It’s best to know your options before making a decision.

Rhodes Law Firm, PC, has over 30 years of experience with estate planning and everything related in the Augusta, GA and Aiken, SC areas. We offer two convenient locations, online education videos, and online workshops. Contact us for more information and with any questions you may have.

Data from the Centers for Disease Control and Prevention indicates that over a quarter of American adults have some form of disability. Creating a special needs trust is a crucial step in ensuring the long-term well-being and financial security of a loved one with disabilities.

However, navigating this complex area requires expertise, and consulting with a special needs trust attorney can be a game changer.

A special needs trust lawyer focuses on establishing and overseeing trusts that support individuals with disabilities or special needs. Their primary role is to ensure that the trust is established to maximize the beneficiary’s financial and legal protection while also complying with relevant laws and regulations.

Do you need a special needs trust attorney? This article highlights seven important considerations when choosing a special needs attorney. Keep reading to discover how they can safeguard your loved ones and secure their future according to your wishes.

1. How Long Has the Attorney Been Practicing in the Areas of Probate, Trusts, & Estate Planning Law?

Choose an attorney with significant experience in:

• Probate
• Trusts
• Estate planning law

A skilled and experienced attorney will have in-depth knowledge of the laws and regulations regarding special needs trusts. This should be accompanied by a history of handling complex estate plans and working with cases involving individuals with disabilities.

This expertise ensures that the trust is set up correctly and supports your loved one’s needs. Experienced attorneys are also better equipped to resolve any legal issues that may come up, giving you peace of mind.

2. What Percentage of the Attorney’s Practice Is Devoted to Probate, Trusts, & Estate Planning Law?

The focus of an attorney’s practice greatly affects their ability to handle special needs trusts. Attorneys who dedicate a large portion of their work to probate, trusts, and estate planning law are typically more knowledgeable about the specifics of special needs trusts.

This specialization means they stay updated on the latest legal developments and best practices, which is crucial for effective trust management and financial planning for disabilities. Here are some ways to help you obtain this information:

• Review their website
• Ask directly during a consultation
• Check professional associations
• Read client reviews
• Contact the state bar association to validate their practice history and certifications

3. How Much Should You Pay for Your Estate Plan?

Knowing the cost of legal services is essential when planning your estate. Special needs trust attorneys may charge different fees based on the legal structure and tax implications of the trust. Additionally, fees may vary depending on compliance requirements and ongoing administration.

Discuss fees clearly at the start to understand what you’ll be paying for. Transparent pricing helps ensure you get good value and avoid unexpected costs. Here’s what you should know:

1. Attorneys might use hourly rates, flat fees, or a combination; understanding their fee structure helps you know what to expect
2. The cost can vary with the complexity of the trust
3. Although experienced attorneys may charge higher fees, they can offer more expertise and potentially avoid costly mistakes
4. Review and confirm all services that are covered in the fee before starting any paperwork

4. Will the Attorney Provide a Written Fee Agreement?

A written fee agreement is essential for outlining the cost of legal services and the scope of work. It protects both you and the attorney by defining expectations and payment terms.

When considering a written fee agreement with an attorney, you should be aware of the following key points in addition to discussing the overall costs and terms:

• Ensure there are clear terms for any extra work beyond the initial scope and how those charges will be managed
• Understand how the attorney handles refunds if you terminate services early or have unused retainer funds
• Confirm how the attorney will notify you of any changes in fees or charges and review the timeline for invoicing and payment deadlines

5. Does the Attorney Require a Retainer?

Many attorneys charge a retainer fee, an upfront payment to secure their services. This fee is usually applied toward the total cost of legal services, but you need to make sure if that’s the case with your chosen attorney.

Understanding whether you need a retainer and how your attorney will apply it helps manage your budget. Discuss this with the attorney to ensure you are comfortable with their payment structure and can plan your finances accordingly.

6. Does the Attorney Appear Knowledgeable and Interested in Your Situation?

A good special needs trust attorney should show real interest in your situation and have solid knowledge about special needs trusts. They should ask the right questions and understand your family’s unique needs and financial situation. They should be able to explain the workings of a trust, including the following:

• Trust agreement
• The responsibilities and powers of trustees
• Beneficiary information
• How is the trust funded
• When and how the trust will divide assets
• Trust duration
• Successor trustees
• Legal and tax provisions
• Special provisions such as interactions with benefits like Medicaid or Supplemental Security Income (SSI)
• Amendment and termination conditions

Good attorney engagement is key to creating a trust that meets your needs and offers the right protection for your loved one.

7. Is the Attorney Friendly and Easy to Talk To?

When setting up a special needs trust, you’ll need to share sensitive and personal information. It’s important to choose an attorney who is approachable and makes you feel comfortable. They should foster open communication so you can discuss your concerns and needs without discomfort.

Good communication is key to effective estate planning and trust management.

Final Thoughts on Choosing a Special Needs Trust Attorney

Consulting a special needs trust attorney is essential for securing your loved one’s future. A well-managed special needs trust ensures family financial security and gives peace of mind, knowing that your loved one is looked after as you intended.

Are you looking for expert special needs trust assistance? For over 40 years, Rhodes Law Firm, PC, has been a trusted name in Elder Care Law and Estate Planning in the Augusta/Aiken area. Contact us today to secure your loved one’s future with expert legal guidance and support.

67% of Americans do not have a will or living trust. Life gets in the way, and many of them simply never had the time to get around to it. Estate planning can feel like a grim discussion, but it can also be a final message of love and a heartfelt goodbye.

The decisions you make can ensure your loved ones will be taken care of even after your passing. Unfortunately, the process of making these decisions is a daunting one. Aside from dividing your assets, you also have to take your insurance and liability into consideration.

That’s why it’s essential to work with the right lawyer for wills and trusts. This article covers seven essential questions you should ask an estate planning lawyer. Read on to learn more.

1. How Long Has the Attorney Been Practicing in the Areas of Probate, Trusts, & Estate Planning Law?

When searching for a lawyer for wills and trusts, you want someone who has been around the block. A lawyer who has worked in probate, trusts, and estate planning cases should be able to handle your needs.

A seasoned lawyer understands estate planning and can offer wise legal advice for wills. They can also help you anticipate and solve issues that arise.

Look for an attorney with several years of experience in probate and estate planning. The more time they have spent specializing in this area, the better they can manage your case.

2. What Percentage of the Attorney’s Practice Is Devoted to Probate, Trusts, & Estate Planning Law?

When writing a will, your attorney should be well-versed in estate planning laws. You wouldn’t go to a general practitioner for heart surgery. Why settle for a general lawyer when dealing with your estate?

If an attorney spends the majority of their time working on probate, trust, and estate planning cases, it means they are likely well-versed in the current laws and best practices in this field.

Aim for a trust and estate lawyer who dedicates at least 50% of their practice to estate planning. The higher the percentage, the more focused and knowledgeable they are likely to be. Also, make sure these lawyers can give you practical and valuable estate planning tips throughout your contract.

3. How Much Should You Pay for Your Estate Plan?

Understanding the cost ahead of time can help you budget and avoid surprises. Estate planning fees can vary depending on the complexity of your situation and the attorney’s experience.

It’s essential to get a clear idea of the costs involved so you can compare different services. Some estate planning lawyers charge a fixed fee, while others may bill hourly.

Ask for a detailed breakdown of costs. Knowing the cost upfront allows you to budget and avoid any surprises later on. Your lawyer should give a clear breakdown of their fees and what services are in your contract.

4. Will the Attorney Provide a Written Fee Agreement?

Written fee agreements are responsible for outlining the fees you’ll pay. It also specifies the services that it covers in the attorney-client contract.

Having everything in writing protects you and ensures there are no misunderstandings about the scope of the services or the cost. It also demonstrates the attorney’s professionalism and transparency.

Make sure your attorney gives you a clear, written fee agreement before starting any work. Having everything documented ensures clarity and prevents misunderstandings down the road. If the attorney hesitates or declines to provide this, see it as a warning sign.

5. Does the Attorney Require a Retainer?

Retainers are upfront fees that a lawyer for wills and trusts may need to secure their services. It acts as a down payment for future legal work.

Understanding if you need a retainer and how it affects your costs can help you manage your finances better. It also gives you an idea of the attorney’s billing practices.

Ask whether you can get a refund for the retainer if you decide not to proceed with the lawyer’s services. An estate planning attorney should be capable of explaining their retainer policy to their clients.

6. Does the Attorney Appear Knowledgeable and Interested in Your Situation?

Your estate plan is a personal matter. You want an attorney who is not only knowledgeable but also has a genuine interest in your case.

An engaged attorney is more likely to provide personalized advice and work diligently on your behalf. Their interest in your situation can show their commitment to helping you achieve your goals.

Pay attention to how your estate planning attorney listens and responds to your questions. A knowledgeable estate planning attorney will ask insightful questions about your situation. They should be able to provide detailed, understandable explanations.

7. Is the Attorney Friendly and Easy to Talk To? Does His/Her Manner Put You at Ease or Does It Make You Uncomfortable?

The attorney-client relationship relies on building trust and communication. You need to feel comfortable discussing your personal and financial matters openly.

If you’re uncomfortable or feel that the attorney is dismissive, it could hinder effective communication and the planning process. You want someone who puts you at ease and makes you feel confident in their abilities.

Choose an estate planning attorney who is approachable and empathetic. Their manner should be professional yet friendly, making you feel heard and respected.

Find the Right Lawyer for Wills and Trusts Today

Selecting the right lawyer for wills and trusts is important for creating a solid estate plan that secures your loved one’s future. These essential questions will help you find a knowledgeable and trustworthy estate planning attorney. Take your time, do your research, and choose your attorneys wisely.

There is no such thing as too soon when it comes to protecting your legacy. Rhodes Law Firm specializes in comprehensive estate planning tailored to your needs. From wills and trusts to durable power of attorney, probate, and planning for second marriages and your children’s future, the expert guidance of our qualified attorneys is here for you.

Contact us today for a consultation and let us help you secure peace of mind for you and your loved ones.

According to a 2023 survey, 58% of Americans have experienced disputes personally or know of conflicts others have had over a lack of estate planning. Some have found that rather than being distributed according to their late loved one’s wishes, their assets fall under the control of the courts. However, these stressful situations can be avoided with good estate planning.

Meeting with an estate planning law firm is an essential first step in getting your affairs in order. But what do you need to know before you meet? What steps can you take to help the attorney protect your interests?

Let’s explore the answer together.

Find the Right Estate Planning Law Firm

As we learned from Aretha Franklin, a little professional help goes a long way. Years of legal wrangling followed her demise, all because of a lack of professional estate planning. However, this doesn’t mean that you should just work with the first estate planning law firm you find.

Recommendations and Reviews

Recommendations from friends and family are a great place to start. Online reviews can be helpful, but remember that they are not always reliable. Look for high-quality testimonials from people in a position similar to your own.

Also, when you start making inquiries, don’t be afraid to ask about costs. Many people put off estate planning because of fear of costs, which is probably a fear of the unknown. Reputable estate planning law firms will be upfront and transparent about their fees.

How Long Have They Practiced Estate Law?

Estate planning is complex, and in the wrong hands, it can be fraught with difficulties. That’s why it’s essential to find out how long the estate planning law firm you are thinking of hiring has been in business. This is not a time to take a chance on an upcoming firm–you need a firm you can trust.

Additionally, experienced firms are more likely to keep abreast of changes to the law and know how to navigate these. For example, the tax bill Donald Trump signed into law in 2017 has had a big impact on estate planning. However, some of its provisions expire at the end of 2025.

Is your attorney familiar with these and other laws? Can they take advantage of them? Protect your assets by looking for a firm that specializes in this area of law and has done so for a considerable period of time.

Do They Solely Focus on Estate Law?

It is also worth asking the law firm what percentage of their practice focuses on probate, wills and trusts, and estate planning law. You don’t want to work with a firm that does a little estate law on the side but mainly specializes in other areas.

This is because they may not be aware of all of the legal provisions for reducing your tax burden when passing your estate on to your heirs. Thorny issues like second marriages and protecting your children require the knowledge, skills, and discretion of experienced estate law specialists. Ideally, choose a firm that focuses solely on estate planning.

The Cost of Estate Planning

One reason people put off estate planning is because of fear of how much it will cost. However, the alternative to paying for an estate plan now is paying court costs from your estate. The court will appoint a guardian for your children and someone to distribute your assets.

The person the court appoints may be someone you would never have chosen. Also, they will divide your assets according to what they think is best, not in accordance with your wishes. The takeaway is that it is much better to find out the cost of estate planning now and budget for it rather than lose control after your death.

Discuss Costs Upfront

A trustworthy estate planning law firm will be upfront about costs from your first discussions onward. If they provide flat fee services, they will give you a written fee agreement that outlines exactly what is included. This means there will be no unpleasant surprises down the line.

If your estate is more complex, they are more likely to work at an hourly rate. If they do, you will usually have to pay a retainer. This will pay for onboarding and go towards your final bill.

Make Sure You’re Comfortable

From your first contact with an estate planning law firm, you will get a sense of how friendly and professional they are. In effect, you are entrusting them with protecting your children and your assets, so it is vital that you feel comfortable when working with them.

Try to assess how knowledgeable and interested the attorney is. Do they listen carefully to try to ascertain exactly what you want? If they hedge questions, are vague, or have to research basic points, this is a warning sign.

It’s also vital that they put you at ease and are easy to talk to. After all, you need to open up about confidential matters, so it’s crucial that you have confidence in them.

Now You’re Ready to Meet Your Attorney

Follow the tips above, and you’ll be ready to make the most of your first meeting with an estate planning law firm. Many attorneys are vying for your business, but here’s why Rhodes Law Firm, PC, is the right choice.

We are dedicated solely to elder care law, including estate planning. We have honed our skills and expertise through more than 40 years of helping our clients organize their affairs. We want to help you prepare your estate to benefit your loved ones so you can get on with enjoying your life.

Contact us to talk to an experienced estate planning attorney today!