Special Needs Planning Attorneys in North Carolina

Name: Special Needs Planning
Brand: Strauss Attorneys PLLC
Rating: 4.9 (447 reviews)

Planning for the future of a loved one with special needs requires thoughtful and specialized legal strategies. An important aspect of this planning is ensuring they have access to financial resources while preserving their eligibility for vital government benefits such as Medicaid and Supplemental Security Income (SSI).

Personalized Special Needs Planning for Lasting Security

At Strauss Attorneys, PLLC, we recognize that effective special needs planning involves thoroughly examining family dynamics, financial situations, and future outlooks to create a plan that works for you and your child. Our North Carolina special needs planning attorneys are committed to crafting personalized solutions that provide financial security and peace of mind.

What Our Clients Say

Efficient. Courteous. Professional. Thorough. Educative. Detailed.
Lee did a great job guiding us through the process.

D.H. & E.H. – Candler, NC

We found it a pleasant experience, not the ordeal we thought it would be.

N.H. & M.H. – Flat Rock, NC

Very professional. Prompt service.

D.B. & B.B. – Pisgah Forest, NC

Very professional, objective and precise, yet presented in easy to understand language.

E.M. & J. M. – Brevard, NC

I sincerely thank all of you and I feel comfortable concerning my will.

S.H. – Asheville, NC

Strauss Attorneys PLLC does a terrific job of estate administration.

B.A. – Waynesville, NC

Reinstatement of our trust since moving from CA. Brad. Alex and Kim were so welcoming and professional in every way including some very personal issues with family members. Brad...

Mark & Kathy Willard

I need help with a final accounting and I think I’ve found the right person.

Robert Todd Dorsey

Our experience with Strauss Attorneys PLLC in Hendersonville, North Carolina has been nothing short of fantastic. At our age, we were long overdue to generate a Will or Trust to...

Andy Strauss is the best. He’s smart, caring, a good listener, a clear communicator, and collaborative. Highly recommend him.

L — Asheville, NC

I needed to get a document notarized and it was a wonderful experience. The professionalism was outstanding with an extremely knowledgeable young lady.

Richard Ehlers

I was taken care of very well. James Fleming was polite and well knowledged.

L.H., Hendersonville, NC

Very friendly, informative, and thorough. All personel seem very professional.

Anonymous, Hendersonville, NC

We felt important and have had for years a good relationship with Lee Mulligan

Wiley & Betty, Hendersonville, NC

I have been particularly impressed with the thoroughness of document preparation and explanations in writing of what I should do to maximize the provisions & benefits of my ...

P.A., Hendersonville, NC

Professional assistance in a friendly atmosphere!

William & Linda, Hendersonville, NC

I was unaware of the document called a Living Trust until I attended a seminar presented by Lee Mulligan comparing the advantages of a trust with those of a traditional will. At...

Anonymous, Hendersonville, NC

Our experience was wonderful. Spoke with a language we both could understand and digest. You are a keeper.

MZ & BZ, Hendersonville, NC

Forming a trust for my family was a great experience with Mr. Henry’s professional and personal approach. I felt well informed and treated with the utmost respect. I appre...

PA, Hendersonville, NC

The experience & staff were courteous, professional, and we got what we needed.

GG & NG, Hendersonville, NC

Brad Henry was brilliant and precise. We highly recommend him.

DC & EC, Hendersonville, NC

Impeccable knowledge of NC Trusts & Wills. Difficult questions answered clearly and easily

WH, Hendersonville, NC

Great experience. Brad took time to explain everything thoroughly and was very thoughtful with looking at our entire situation. Grateful to him and the team that supports him.

Adam & Stephannie, Hendersonville, NC

Brad was very helpful in explaining the whole legal process – Brad explained the whole process in a very clear and understandable manner – Two notaries were very eff...

RL & NT, HEndersonville, NC

Our attorney, Lee Mulligan, and the staff were professional, courteous, and friendly.

D. R., Hendersonville, NC

Our experience was pleasurable, informative, emotionally satisfying, and confident that we are in good hands. Everyone is always courteous, helpful, considerate, and caring. The...

Burton and Doris, Hendersonville, NC

I have always been made to feel welcome and very well cared for by a most professional team of kind people who know their business well. Lee Mulligan in particular!

Anonymous, Hendersonville, NC

Professional, congenial, comforting. We have confidence in what you’ve done for us.

Steven & Carmon, Hendersonville, NC

We felt Brad welcomed us, educated us and made himself available for clarifications.

Sandy, Hendersonville, NC

Even though I feel intimidated by the “Big Book”, Lee was thorough in her explanations.

Nancy Pew, Hendersonville, NC

Lee explained everything in terms we could understand and the chart she drew was very helpful. We are confident our children will be well advised when settling our estate.

J.E. & B.E., Hendersonville, NC

We had a series of issues that Brad was able to incorporate into the discussion and explain the implications of each.

Cindy & Pam, Hendersonville, NC

Restatement of my trust was a stressless experience- Felt very comfortable with Brad & staff.

J.H., Hendersonville, NC

Why Special Needs Trusts Are Essential in North Carolina

Government programs like Medicaid and SSI are often a lifeline for individuals with disabilities. Such programs are key in covering essential medical and living expenses. However, these programs feature strict income and asset limits, so even a modest inheritance or financial gift could disqualify your child with special needs from receiving these benefits.

Currently, the North Carolina law states that a beneficiary with total assets exceeding $2,000 may be disqualified from receiving SSI benefits. However, a Special Needs Trust (SNT) or Supplemental Needs Trust (SNT) is a legal tool that can allow individuals to maintain eligibility for SSI, as assets held in an SNT are not counted when determining eligibility for programs like Medicaid.

For instance, consider a child with special needs who inherits $100,000 in cash. In this case, the child's total assets disqualify them from enjoying government benefits. Rather than directly using the inheritance to cover the child’s medical expenses, the family can deposit the $100,000 into an SNT. This way, the child can still access funds from the trust to meet specific care needs beyond what the government offers without jeopardizing their eligibility for government benefits.

What Are the Various Types of Special Needs Trusts

There are various forms of special needs trusts that can be used in certain situations. These include the following:

First-Party Special Needs Trust

A first-party trust is funded using the individual’s own assets, like one’s personal injury settlement or inheritance. These trusts are subject to Medicaid payback rules, meaning any remaining funds in the trust after the individual’s death may be used to reimburse Medicaid for benefits provided during their lifetime.

Third-Party Special Needs Trust

A third-party trust is funded by someone other than the person with special needs, such as parents or grandparents. One unique feature of these trusts is that they are not affected by Medicaid payback rules. Thus, the remaining funds can easily be passed on to other beneficiaries.

Pooled Trust

A pooled trust is majorly managed by a nonprofit entity and combines the resources of multiple beneficiaries. Each beneficiary retains their own sub-account, but funds are pooled for investment purposes. This option can be cost-effective for families with limited resources.

Our special needs planning lawyers in North Carolina will help you determine which type of trust aligns with your financial goals and your child’s unique needs.

Plan with Confidence, Protect What Matters

mother and her special needs son hugging eachother outdoors

Steps to Establish a Special Needs Trust

Creating an SNT in North Carolina for your child with special needs requires you to work with a lawyer who understands the challenges and benefits associated with the various types of trusts in estate planning. You can expect the process to go through these few steps:

Consultation and assessment. We’ll discuss your family’s situation and goals to identify the types of support your child will need and assess available resources.
Drafting the trust. Based on your input, we’ll draft a customized SNT that complies with North Carolina and federal laws.
Choose a trustee. We'll assist you in selecting a trustee who will oversee the trust assets and make distributions in line with your instructions.
Funding the trust. We’ll help you determine the best way to fund the trust, whether through life insurance policies, gifts, or other assets.

Note that SNTs are irrevocable, and you cannot change or terminate them once legally established. Therefore, it is in your best interest to work with a lawyer to guide you in making decisions that conform to your long-term goals for your child with special needs.

Our Team: Certified and Award-Winning Attorneys

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Andrew A. Strauss Partner, Board-Certified Specialist

With over four decades of experience, Andy takes a comprehensive approach, guiding clients through everything from basic will preparation to complex trust structures and business succession planning.

Top-Rated Lawyer in Trust & Estates
Member of the North Carolina, Florida, and Pennsylvania State Bars

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Lee C. Mulligan Partner, Attorney at Law

With a keen eye for detail and a client-focused approach, Lee helps individuals and families safeguard their legacies, minimize tax burdens, and confidently navigate complex legal matters.

President of Summit Title Insurance in Hendersonville, NC.
Numerous non-profit board services in New Jersey and North Carolina

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Cory Howes Partner, Attorney at Law

Cory combines legal expertise with a strong financial background in tax, investments, and insurance. His practice is centered around a deep commitment to assisting families with their estate planning and administration needs.

North Carolina Bar Association
Virginia Bar Association

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Larry S. Hartley Partner, Board-Certified Specialist

A former U.S. Naval Diving and Salvage Officer, Larry brings dedication and expertise to protecting seniors and their families, with a focus on estate planning, Medicaid, and veterans benefits.

Member, North Carolina Bar Association
Member, National Academy of Elder Law Attorneys (NAELA)

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Brad Henry Partner, Attorney at Law

With over a decade of experience practicing law, Brad brings extensive expertise in estate planning, guardianships, fiduciary litigation, and probate and trust administration, as well as a dedication to helping clients protect their legacies.

AV Preeminent® rating by Martin Dale Hubbell
Florida’s Real Property and Probate Trust Law (RPPTL) Section

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Peter McGuire Partner, Attorney at Law

Leading our estate and fiduciary litigation team, Peter has practiced law in Western NC. since 2002 and specializes in trust and estate disputes, advanced planning, and business succession.

Member of the North Carolina Bar Association
Inaugural Member of the Harry C. Martin American Inn of Court

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Daire Roebuck Attorney at Law

With nearly two decades of experience, Daire guides clients through estate planning with clarity and compassion. Dedicated to giving back, she actively supports pro bono initiatives and community advocacy.

Estate Planning & Fiduciary Law Section, North Carolina Bar Association, since 2008
North Carolina Bar Admission

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James B. Fleming Attorney at Law

Inspired by witnessing seniors’ challenges, James is passionate about guiding families through estate planning and elder law. Through Wills for Heroes, he proudly provides essential estate planning services to first responders.

North Carolina Bar Admission, 2019
South Carolina Bar Admission, 2021

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Samantha Reichle Attorney at Law

With nearly two decades of experience, Samantha specializes in estate planning, trust administration, and fiduciary income tax matters. She has a unique ability to make complex estate planning discussions approachable.

North Carolina Bar Admission, 2013
Member, 10th Judicial District Bar

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Call Us Today to Speak with a North Carolina Special Needs Planning Lawyer

The well-being of your child with special needs is too important to leave to chance. Fortunately, with a special needs trust, you can provide financial security while safeguarding their eligibility for essential government benefits.

The legal team at Strauss Attorneys, PLLC will help you manage the challenging regulatory framework surrounding government benefits and trust administration. A special needs planning lawyer in North Carolina will ensure that your trust is properly established and incorporated into your overall estate plan. Contact us today to request a consultation.