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Our Naperville special needs attorneys 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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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.
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.
Our Naperville special needs lawyers want you to be fully informed about the different types of special needs trusts available to you or your loved one, and have written this article detailing the differences between first and third part special needs trusts.
In short, a first party special needs trust considers assets originally owned by the disabled individual, while a third party trust concerns gifts from family and loved ones of the individual. We go over how these two types of trusts affect future tax considerations and explain how to know which type of trust to pursue.
A special needs trust (also called a supplemental needs trust) is a legal arrangement that holds assets for the benefit of a person with a disability without disqualifying them from government benefits such as Medicaid (which covers long-term care and healthcare) and Supplemental Security Income (SSI). Because these programs have strict asset limits, a direct inheritance or gift to a disabled person can cause them to lose eligibility — sometimes for years. A properly drafted special needs trust receives the assets instead, and the trustee uses them to pay for supplemental expenses — things like education, recreation, travel, and personal care — that government benefits do not cover. In Illinois, special needs trusts must meet specific requirements to preserve benefits eligibility. They are a critical estate planning tool for families with a disabled child, sibling, or other dependent. Contact our Naperville special needs attorneys.
Yes — but only if the gift or inheritance is structured correctly. A direct inheritance or gift to someone who receives Medicaid or SSI will count toward their asset limit and can disqualify them from benefits immediately. The solution is for the estate plan to include a third-party special needs trust that receives assets (from your will, a life insurance policy, or a trust) on behalf of the disabled person. Unlike a first-party special needs trust (funded with the disabled person's own assets), a third-party trust does not have a Medicaid payback requirement upon the beneficiary's death — remaining assets can pass to other heirs. For families with a disabled member, updating existing estate planning documents to include this trust structure is critical. Leaving assets directly in a will without this structure can unintentionally harm the person you intend to help. Contact our Naperville special needs attorneys.
An ABLE account (Achieving a Better Life Experience) is a tax-advantaged savings account available to individuals who became disabled before age 26. Established under the federal ABLE Act and implemented in Illinois through the Illinois ABLE Program, these accounts allow disabled individuals and their families to save up to $18,000 per year (2024 limit) without affecting Medicaid or SSI eligibility — up to an account balance of $100,000. Funds can be used for qualified disability expenses including housing, transportation, health, education, and assistive technology. ABLE accounts are simpler and less expensive to establish than special needs trusts, making them a valuable supplement or starting point for families. However, they have limitations in terms of contribution caps and age eligibility that special needs trusts do not. Many families use both together for comprehensive planning. Contact our Naperville special needs attorneys to build a complete plan.