Special Needs Trusts Attorney in Tyler, TX

Helping Texas Families Provide for Loved Ones with Disabilities

Providing for a loved one with a disability is a profound commitment that involves unique legal and financial responsibilities. Vital government support programs like Medicaid and Supplemental Security Income (SSI) have strict asset limits, making it crucial to plan for your loved one's future and quality of life. 

At Michael D. Franks, Esq, we provide caring and strategic guidance to help families navigate the legal complexities of special needs planning and build resilient futures. Our special needs trust lawyer combines a deep knowledge of Texas law with practical planning to create trusts that coordinate seamlessly with existing estate plans.

When you choose our firm, you can expect personalized counsel in a low-pressure environment. Our goal is to safeguard your loved one’s independence and provide lasting peace of mind by executing a trust that reflects your vision for your family’s future and provides a stable foundation for their long-term care needs. 

If you have a loved one with special needs in Tyler, we can help you create a trust that supports their future. Contact us online to discuss your needs with our attorney.

What Is a Special Needs Trust?

A special needs trust (SNT) is designed to protect the financial future of a loved one with a disability. Without a special needs trust, any direct transfer of wealth may disqualify your loved one from the disability benefits and monthly income they rely on. Establishing an SNT allows a trustee to manage and use funds to pay for the beneficiary’s supplemental needs, such as care, equipment, and education, without losing eligibility for crucial government benefits. 

Types of Special Needs Trusts in Texas

First-Party Special Needs Trust 

A first-party SNT (also known as a “self-settled” trust) is for individuals with disabilities who are under 65 and possess their own assets. First-party trusts must include a payback provision, meaning that any remaining funds must first be used to reimburse the state for Medicaid expenses paid on the beneficiary’s behalf upon their death.

Third-Party Special Needs Trust

A third-party SNT is established by someone other than the beneficiary using their own assets to provide for a loved one, such as a parent, grandparent, or family friend. This allows the creator of the trust to provide for the beneficiary’s future without a payback requirement.

Pooled Special Needs Trust

A pooled SNT is managed by a nonprofit organization. Funds are “pooled” to reduce administrative costs and provide professional oversight, but each beneficiary maintains a separate sub-account for their specific needs. Depending on how the trust is funded, it can be a viable alternative for families without an individual to serve as a trustee.