Special Needs Planning Lawyers in Asheville

Creating a plan for a family member with special needs requires more than basic estate documents; it demands strategies that balance financial support with protection of essential benefits. At Strauss Attorneys, PLLC, we design trusts and plans that provide resources for medical care, housing, and quality of life while safeguarding eligibility for Medicaid and SSI.

Tailored Planning for Families With Special Needs

Every family’s circumstances are different, and so are the needs of each child. Strauss Attorneys take the time to understand your family’s dynamics, financial picture, and long-term goals. Our special needs planning attorneys in Asheville design special needs plans that protect vital benefits, provide economic security, and give parents confidence about their child’s future.

Preserve Benefits While Providing Support

For many Asheville families, programs like Medicaid and SSI are essential to covering medical and daily living expenses for a loved one with disabilities. However, these benefits come with strict asset limits. Currently, owning more than $2,000 can disqualify someone from SSI.

A Special Needs Trust (SNT) allows families to set aside money, such as an inheritance or settlement, without jeopardizing eligibility. For example, instead of leaving $100,000 directly to a child, placing it in an SNT ensures the child continues to qualify for government benefits while still having resources for therapy, housing, or other quality-of-life needs.

Types of Special Needs Trusts

Different situations call for different trust structures. We help families choose the right option for their loved one’s care and benefits:

First-Party Special Needs Trusts

Funded with the individual’s own assets, such as a settlement or inheritance
These trusts must include a Medicaid payback provision, meaning leftover funds may reimburse the state for benefits provided

Third-Party Special Needs Trusts

Created and funded by someone else, like parents or grandparents
These trusts are not subject to Medicaid payback, allowing remaining assets to pass to other heirs

Pooled Trusts

Managed by a nonprofit organization, these combine funds from many beneficiaries for investment purposes
Each person has a separate account, making this a cost-effective option for families with limited resources

How We Help Families Establish a Special Needs Trust

Setting up a Special Needs Trust in North Carolina requires careful legal guidance to protect benefits and provide lasting security. Our process includes:

Initial Consultation: We meet with you to understand your child’s care needs, your family’s financial picture, and long-term goals.
Customized Drafting: Our attorneys prepare a trust that complies with state and federal rules while reflecting your priorities.
Trustee Selection: We guide you in choosing a reliable trustee to manage assets and make distributions according to your wishes.
Funding the Trust: Together, we identify the best ways to fund the trust—through life insurance, gifts, or other resources.

Because these trusts are irrevocable, we work closely with you at every step to ensure the structure aligns with your family’s long-term plan.

Consult With an Asheville Special Needs Planning Attorney

Your child’s long-term care and financial security should never be left to uncertainty. With a properly structured Special Needs Trust, you can protect eligibility for Medicaid and SSI while setting aside resources for a better quality of life. At Strauss Attorneys, PLLC, our special needs planning lawyers in Asheville guide families through the complex rules of government benefits and trust administration. Call today to schedule a consultation and learn how we can integrate a Special Needs Trust into your overall estate plan.