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Naperville Special Needs Attorneys | Special Needs Lawyers, Naperville IL

Naperville Special Needs Attorneys | Special Needs Lawyers, Naperville IL

Our Naperville special needs attorney are knowledgeable, cost-effective and friendly. If you or your loved ones are receiving disability benefits, our Naperville attorneys can help you in preparing a supplemental needs trust. This will allow you to accumulate assets, earn an income and receive inheritances and gifts without affecting your benefits. 

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Naperville Special Needs Attorneys

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Naperville Special Needs Attorneys

supplemental needs trust lawyer naperville illinois

Please contact our friendly

Naperville Special Needs Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Naperville

105 Jackson Avenue, Ste. 4b
Naperville
,
IL
60540
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 
9 am - 5 pm, Mon-Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.
naperville disability lawyer

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

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Naperville Special Needs Attorneys

Naperville Special Needs Attorneys | Special Needs Lawyers, Naperville IL

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Naperville Special Needs Planning Explained

Naperville Special Needs Lawyers

Naperville special needs attorney Kevin O'Flaherty explains the process of special needs planning in Illinois.

Naperville Special Needs Lawyers

Our Naperville special needs attorneys are happy to work with you and your family to create a Supplemental Needs trust, commonly known as a Special Needs Trust. It will permit your disabled loved one to gain assets, own property, earn an income or receive inheritances and gifts without affecting his or her government benefits.

‍There are limits to the number of assets you can own and the amount of monthly income you can receive before it affects or reduces your benefits. This does not mean that you need to live in poverty to be allowed to receive government benefits. You can or your loved one can maintain a good standard of living without reducing benefits by establishing a Special Needs Trust.

How Can a Special Needs Trust Help Me?A Special Needs Trust is a legal entity separate from the disabled beneficiary, that can own property on behalf of the disabled beneficiary.  First the disabled beneficiary or a loved one will work with our DuPage special needs lawyers to prepare and execute the trust.  While the trust will usually own a bank account into which it can deposit income and gifts intended for the beneficiary, Special Needs Trusts can also own vehicles and real estate.  Assets owned by your Special Needs Trust or deposited directly into the trust upon receipt do not count as assets or income for the purpose of most government benefit programs.  This means that the beneficiary of the trust can accumulate unlimited wealth, earn an income, or receive gifts and inheritances from family members without reducing his or her government benefits. 

How Does a Special Needs Trust work?

So what's the catch?  There are a few limitations imposed upon assets owned by a Special Needs Trust, but they are not particularly onerous:

  • The trustee must be someone other than the disabled beneficiary.  The trustee is the person responsible for managing the assets in the trust and making distributions from the trust for the benefit of the beneficiary.
  • Distributions from the trust cannot be used on rent or groceries, but can be used for nearly anything else, including vacations, entertainment, household items, luxuries, or restaurants.   The reason for this is that your government benefits are intended to cover groceries and rent. 

Estate Planning Benefits of a Special Needs Trust?

While the main purpose of a Special Needs Trust is usually to allow you to accumulate assets without disrupting your government benefits, Special Needs Trusts also provide all of the estate planning benefits of a traditional Revocable Living Trust.  A Special Needs Trust will allow you to provide for the distribution of your assets at your death, appoint a trustee to manage the distribution of those assets, and ensure that your estate will avoid a costly and time-consuming probate case when you pass. 

How Should I Incorporate My Child's Special Needs Trust Into My Own Estate Plan?Many of our clients who have a disabled child are not concerned with that child accumulating income or assets during his or her lifetime, but are worried that when the disabled child receives an inheritance, his or her government benefits will be disrupted.  In this situation, the parents of a child with a disability should incorporate a Special Needs Trust for their child into their own estate plan.  

If the child is named as a direct beneficiary in the parents' will or trust, or if the parents do not have a will or trust, the child will have the choice of either giving up the inheritance or losing his or her government benefits.  However, if the parents create a Special Needs Trust ahead of time and name that trust, as opposed to the child directly, as a beneficiary of their own will or trust, the inheritance will pass directly to the child's Special Needs Trust upon the death of the parents, and the child's government benefits will not be negatively affected. 

Read the full article by our Illinois special needs attorneys explaining the special needs planning process in Illinois.

Can I Transfer My Home To My Special Needs Trust?

Illinois special needs attorney Kevin O'Flaherty explains how supplemental needs trusts and Illinois ABLE Act accounts can be used to ensure that you or your loved one with a disability is able to receive gifts, inheritances, and income without jeopardizing entitlement to government benefits.

Special needs attorney naperville il

In this article, our Naperville special needs attorneys discuss the process of adding a home to a Special Needs Trust and the benefits from not counting it as an asset when calculating Supplemental Security Income.  There are certain types of items that Special Needs Trust are allowed to pay for and things that aren't allowed under the rules, which are covered in this article. SSI can be used to pay for groceries, shelter, utilities and mortgage payments, so in effect, money from a trust can't be used for these. 

Read the full article by our Illinois special needs lawyers about transferring your home to your supplemental needs trust. 

special needs lawyer naperville illinois

Further Reading From Our 

Naperville Special Needs Attorneys