Maple Law Group is dedicated to supporting individuals with intellectual and developmental disabilities (I/DD) and their families through compassionate, informed legal guidance. A key part of this work often involves estate planning and the creation of special needs trusts (SNTs), which are designed to protect eligibility for essential government benefits while enhancing quality of life.

​

First-Party Special Needs Trusts
When a person with a disability receives assets in their own name—such as a personal injury settlement, back payments of benefits, or an inheritance—those funds can make them ineligible for needs-based benefits like Supplemental Security Income (SSI) or Medicaid. In these situations, a first-party special needs trust can be established to hold the individual’s assets while preserving access to benefits.

​

These trusts are subject to specific legal requirements:

• They must generally be created before the beneficiary turns age 65.

• The trust must be irrevocable.

• Upon the beneficiary’s death, any remaining funds are usually required to reimburse Medicaid for services provided.

​

Third-Party Special Needs Trusts
When families plan for the future, they often prefer to establish a third-party special needs trust as part of their estate plan. Rather than leaving an inheritance directly to a child with a disability—which could disrupt benefit eligibility—a family member can create a trust to hold and manage assets on the beneficiary’s behalf.

​

Key features include:

• Funded with someone else’s assets (not the beneficiary’s).

• Commonly created through a will or revocable living trust.

• Does not typically require repayment to Medicaid at the beneficiary’s death, allowing any remaining funds to be distributed to other heirs or charities.

• Additional Planning Considerations

Special needs trusts can also be structured as pooled trusts, managed by nonprofit organizations, which may be useful when families lack an appropriate individual trustee. In all cases, careful drafting ensures that funds may be used to enhance the beneficiary’s quality of life—covering items like education, therapies, recreation, or transportation—without interfering with government benefits.

​

At Maple Law Group, we help families evaluate which type of trust (first-party, third-party, or pooled) best fits their situation and integrate it into a broader estate plan that may also include powers of attorney, guardianship, or supported decision-making arrangements.

​

We offer free consultations to help you explore the best options for your family. Call (734) 519-1019 or email info@maplelawgroup.com
to set an appointment.