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(Special) Trust Issues

As a parent, the thought of leaving your children behind in your passing is never easy. You wonder if you’ve left them with everything they’ll need to find their own success, avoid any possible catastrophes, and are able to live a happy and fulfilling life.
This goes double for the parents and guardians of people with special needs. It’s easy to spend endless waking nights wondering what will happen to your children after you’re gone, especially if they are incapable of taking care of themselves without assistance.

This is complicated further by the elimination of eligibility for your special needs children to receive government aid due to even modest inheritances after your passing. These small nest eggs may not even be able to last them a year, but they will nonetheless be ineligible for governmental assistance due to income requirements.
That’s where special needs trusts come into play. Special needs trusts act as separate entities that parcel out funds as needed after the guardian passes, so the beneficiary is able to receive the full amount of government assistance they require while being supplemented by income provided by the trust.
Special needs trusts are complicated to set up and come with a number of options that may impact the beneficiary’s future, so it’s highly recommended that you seek out a trusted special needs trust law firm that has had plenty of success in the field.
A southern California local law firm that meets these qualifications is Burris Law. The firm specializes in business and trust law, and its partners have been assisting in the drawing up and execution of trusts for decades. Just take a look at what their clients have been saying about them:

I had a consultation with Jason who was extremely thorough and helpful throughout the entire conversation. We discussed what options my parents and I have for a real estate dispute issue, and everything was explained in a digestible manner that helped us reach a decision for the next steps.
Beyond pleased with Jason, as he is knowledgable, professional, and compassionate. Definitely will be reaching out to this firm in the future and recommend to family and friends.
Also, their staff is incredibly helpful. From the intake coordinator to the paralegals– they make the process very seamless. Communication was always seamless, responsive, and quick.
Thank you all so much. – Sarah O., Yelp Review

Read Angel E.‘s review of Burris Law on Yelp

Ariana Burris was an absolute pleasure for me and my family to work with. We interviewed three other law firms before deciding to move forward with Burris Law. Arianna helped my parents establish their trust and a few other items they wanted in place. Ultimately we chose to work with Ariana due to her experience and the values she represents. She took the time to really understand our situation and tailored her knowledge to our needs. Relationships + Solutions + Results. 10/10 great people all around at Burris Law! We highly recommend! – Ryan B., Yelp Review

If you are the parent or guardian of a special needs child or dependant, we highly recommend starting a special needs trust as soon as possible with the specialists over at Burris Law. You’ll finally be able to sleep soundly knowing that your charge will be able to live a fulfilling and happy life, even if you aren’t around to see it.
Burris Law
+17149418122
488 S Glassell St, Orange, CA 92866

Future Planning

For those of us worried about leaving loved ones afflicted with a disability an appropriate inheritance that will allow for appropriate, life-long care, careful planning is needed. Disabled persons who are qualified to receive necessary government assistance, such as supplemental security income and Medicaid benefits, may find themselves suddenly disqualified in the event they get an improperly planned inheritance, meaning they’ll be deprived of life-saving financial assistance.

Even modest monetary gifts can disqualify a disabled person from receiving state assistance – inheritances of $10,000 in cash will immediately bump them above the qualification standard. In order to leave them money, you will need to set up a specific kind of inheritance package called a ‘special needs trust’ or supplemental needs trust, which allows you to get around qualification standards by leaving property to the trust rather than the person directly.

The trust acts as a separate legal entity whose funds and property can be allocated to a singular person – the beneficiary – and is managed by an appointed trustee who will be spending the money on their behalf. Since the money is not in control of the beneficiary, it won’t be considered when determining eligibility for SSI and Medicaid.

The money in the trust can’t be given directly to the beneficiary, since that would once again play a role in determining eligibility, but the trustee can allocate funds for buying both essential goods and services and those that would enhance their quality of life. Caregivers, vacations, vehicles, and necessary out-of-pocket medical fees are all items the trustee can purchase for the beneficiary.

Special Needs Trusts can take the form of either individual or ‘pooled’ trusts. Pooled trusts involve an independent third party (usually a nonprofit organization) setting up a trust in which a number of different people can donate their money to be invested and allocated to their beneficiaries in the event of their death or incapacitation. These pooled trusts are usually used by people who can’t find a suitable trustee or are leaving a modest sum and either can’t afford or don’t see the need in creating their own separate trust.

If you live in Orange County and are looking to form a special needs trust for a loved one, we recommend looking into Burris Law. As one of the rising stars in the O.C. law scene, Burris Law emerged from one of the most prestigious real estate law firms in the county to provide representation for a quickly growing client base whose needs were reaching outside the bounds of the firm.

Burris Law has helped dozens of clients set up wills, trusts, and inheritances that ensure their beneficiaries receive the maximum of what their loved ones left to them. Clients have noted the efficiency of their service, as well as the helpfulness, responsiveness, and the general good will they have for their client base.

None of us want to leave our children or loved ones with nothing once we pass on, and that goes double if they happen to have life-altering disabilities. A well-planned trust may make the difference between their lives proceeding smoothly without us and a life already filled with hardship becoming that much more difficult.

Burris Law

+17149418122

200 N Tustin Ave #110, Santa Ana, CA 92705