Special Needs Planning Lawyers in Raleigh, NC

Families raising or caring for a loved one with disabilities face unique financial and legal challenges. Thoughtful special needs planning ensures access to resources without jeopardizing eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI).

Tailored Planning for Raleigh Families

At Strauss Attorneys, PLLC, we know that every family situation is different. Our special needs planning attorneys in Raleigh take time to understand your goals and your child’s long-term needs. We then design a plan that safeguards benefits, preserves resources, and provides peace of mind for years to come.

Why Special Needs Trusts Matter in North Carolina

Medicaid and SSI cover critical expenses, but both programs have strict limits—no more than $2,000 in assets can disqualify someone from benefits. A properly drafted Special Needs Trust (SNT) allows funds to be set aside for additional care while keeping eligibility intact. For example, if a Raleigh child inherits $100,000, that money can be directed into an SNT instead of jeopardizing their access to SSI and Medicaid.

Types of Special Needs Trusts

First-Party Special Needs Trusts

These trusts are created using the beneficiary’s own money, often from an inheritance, a personal injury settlement, or other assets in their name
Because the funds belong to the individual with special needs, federal law requires that any money left in the trust at the time of their passing may be used to repay Medicaid for benefits provided during their lifetime

Third-Party Special Needs Trusts

Unlike a first-party trust, a third-party trust is funded with assets belonging to someone else—commonly parents, grandparents, or other relatives
These trusts are not subject to Medicaid payback provisions, which means that when the beneficiary passes away, any remaining assets can be distributed to other family members or heirs according to the terms of the trust

Pooled Special Needs Trusts

A nonprofit organization administers a pooled trust and combines resources from many beneficiaries for investment purposes
Each participant maintains an individual account, but the funds are collectively managed to reduce costs and improve efficiency
This arrangement is often an attractive choice for families with insufficient assets to justify setting up a separate trust

Our North Carolina special needs planning attorneys can help you evaluate these different trust structures and choose the option that best matches your financial circumstances and your loved one’s long-term care needs.

How We Guide Families Through the Process

While each family has its unique needs, you can generally expect the following:

Consultation to evaluate your child’s needs and the family’s resources
Drafting a customized trust under NC and federal law
Helping you choose a responsible trustee
Planning for funding through life insurance, gifts, or other assets

Because SNTs are irrevocable, having an experienced Raleigh special needs planning lawyer by your side is essential.

Speak With a Raleigh Special Needs Planning Lawyer Today

Your child’s financial stability and quality of life should never be left to chance. Our special needs planning lawyers in Raleigh at Strauss Attorneys, PLLC, will guide you through the complexities of special needs trusts and ensure your plan integrates with your overall estate strategy. Call our Raleigh office today to schedule a consultation.