Special Needs Trusts

A special needs trust can be an important component of any estate plan to protect government benefits for an elderly or disabled loved one.  The law firm of Isenhour Bleck is known through out the State of Washington for our expertise in the area of special needs trusts.  With our extensive knowledge of complex benefit programs, we can work with individuals and families to develop an estate plan to protect benefits and enhance financial security for the disabled individual.  Barbara Isenhour is on the board of directors of The Special Needs Alliance, a national invitation-only organization of attorneys who specialize in the area of special needs trusts and government benefits.

How can I provide for my special needs child when I die?

One of the biggest concerns for parents of a special needs child is how to provide for their child after both parents have died.  Individuals with a disabled parent, sibling or loved one may also want to provide a bequest in their estate plan for the disabled person. Government benefits such as SSI and Medicaid are very important but are often not adequate to meet all of the needs of the disabled individual, especially when the parents or caregiver are no longer able to provide the primary care giving. 

At Isenhour Bleck, we have assisted thousands of families of disabled individuals to include a special needs trust in their estate plan to provide for the disabled loved one.  We tailor the trust to meet your specific and unique concerns and will counsel you and the nominated trustee on how the trust should be administered to protect your disabled family member and to ensure that your goals are met.

Will I lose my SSI and Medicaid benefits if I receive a settlement from a lawsuit?

If a disabled person receives a settlement from a lawsuit or an outright inheritance it is important to consider options to shelter the lump sum and protect eligibility for government benefits such as SSI and Medicaid.  In many cases it is possible for the disabled person to establish a specific type of special needs trust to preserve benefits. This type of trust is very complex, involving state and federal government benefit laws and regulations and federal tax laws applicable to trusts.

Our law firm has extensive experience in consulting with attorneys, disabled individuals and their families to determine if a Special Needs Trust is appropriate for a disabled individual who has received a lawsuit settlement or an inheritance.  We review the various benefits that the disabled person receives and advise the parties on which benefits will be impacted by a personal injury settlement or inheritance.  When appropriate, we will draft a Special Needs Trust for a disabled individual and advise the trustee on how to administer the trust consistent with the requirements of the SSI and Medicaid programs.