Special Needs Trust Attorney in Miami
A special needs trust in Florida allows families to set aside funds for a person with disabilities without eliminating their eligibility for Supplemental Security Income (SSI) and Medicaid — programs with a countable asset limit of $2,000 under 42 U.S.C. § 1382. Without a properly structured trust, even a modest inheritance can disqualify a beneficiary from benefits that are often impossible to restore.
Special needs trusts come in two primary forms: Third-Party SNTs (funded by family members, no Medicaid payback at death) and First-Party (d4A) SNTs (funded by the beneficiary's own assets, such as a personal injury settlement, with Medicaid payback at death).
A trustee uses SNT funds to supplement — not replace — government benefits, paying for items SSI and Medicaid do not cover: education, transportation, entertainment, electronic equipment, personal care, and more. Distributions require careful planning to avoid a benefits disruption.
Contact Aguila Law if your family member with a disability is approaching adulthood and will receive an inheritance, if a personal injury settlement will provide funds, or if you are updating your estate plan to include a disabled beneficiary.
Call (305) 967-8554 to schedule a consultation.
The information on this website is for general informational purposes only and does not constitute legal advice. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Attorney: Carlos C. Aguila, Esq. | Florida Bar No. 109634 | This is an attorney advertisement.
Let's talk about your family's future.
Guardianship and estate planning decisions are rarely simple. We take the time to understand your family's specific situation before we recommend anything.