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Spencer special needs planning

Spencer Special Needs Planning Attorney

Special needs trusts and integrated estate plans for Spencer families.

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Have a question about your situation?

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Special needs planning protects benefits the family has worked to establish while ensuring resources supplement the beneficiary's life over a long horizon.

Trust types Spencer families use

A third-party special needs trust holds funds belonging to someone else.

A first-party special needs trust holds funds belonging to the person with the disability. Federal law requires Medicaid payback at death.

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Spencer special needs planning FAQs

What's a special needs trust?

A trust that holds money for a person with a disability without disqualifying them from means-tested public benefits like SSI or SoonerCare.

Third-party vs. first-party trust?

Third-party trusts hold money belonging to someone else (parents, grandparents). No Medicaid payback at death. First-party trusts hold money belonging to the person with the disability. Generally must include Medicaid payback.

Who should be the trustee?

Often a co-trusteeship: a family member who knows the beneficiary paired with a professional trustee.

What about ABLE accounts?

Oklahoma offers ABLE accounts. Useful complement to a special needs trust.

Can grandparents in Spencer set up a trust for a grandchild?

Yes. A third-party special needs trust funded by grandparents leaves money for the grandchild without disrupting benefits.

What happens to the trust money when the beneficiary passes?

Depends on trust type. Third-party trusts pass to remainder beneficiaries. First-party trusts must reimburse the state for Medicaid services received.

We received a settlement for our Spencer child. How fast must we act?

Quickly. Direct the funds into a properly drafted first-party special needs trust at the time of payout.

A plan that protects benefits and provides a real supplement

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