Special Needs Trust Lawyer Chesterfield County, VA
Families in Chesterfield County who support a loved one with a disability often face a difficult intersection of
caregiving and financial planning. A special needs trust is a legal arrangement designed to protect assets for an
individual with a disability without interfering with eligibility for means-tested government benefits such as
Supplemental Security Income (SSI) or Medicaid. The Virginia Uniform Trust Code, codified at Va. Code
§ 64.2-700 et seq., provides the statutory framework for these instruments. When a special needs trust is
structured correctly, the beneficiary can receive supplemental support— for therapy, education, transportation, or
recreation — while retaining access to vital public assistance. In Chesterfield County, probate and trust
administration matters are handled by the Chesterfield County Circuit Court, which sits at 9500 Courthouse Road,
Chesterfield, VA 23832. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated on trust and
estate matters in Virginia since 1997 and works with the firm’s Of Counsel attorneys to draft, fund, and administer
special needs trusts that comply with both state law and federal benefits rules. To request a consultation, reach
Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Special Needs Trusts Mean in Chesterfield County
A special needs trust holds assets for the benefit of an individual with a disability while preserving that
individual’s eligibility for public benefits. In Chesterfield County, these trusts are often created as part of a
broader estate plan — for example, parents may place funds inside a third‑party special needs trust so that a child
with a lifelong disability has a source of supplemental support after the parents are gone. A first‑party special
needs trust, funded with the beneficiary’s own assets (such as a personal injury settlement or inheritance), is also
available under federal law and the Virginia Uniform Trust Code. The Chesterfield County Circuit Court has
jurisdiction over trust‑related disputes and can supervise trustees when necessary. Because the rules governing
Medicaid and SSI are complex, the trust must be drafted with precise language to avoid the trustee having
discretion to make distributions that would be counted as income or resources. Mr. Sris and the firm’s Of Counsel
attorneys work with families throughout the locality — from Midlothian to Chester to the Colonial Heights area — to
ensure the trust document reflects the beneficiary’s needs while staying within the boundaries of both Virginia law
and federal regulations.
Special needs trusts in Chesterfield County are also used to hold real estate, investments, and life insurance
proceeds. A properly designed trust names a trustee who manages the funds and makes distributions for the
beneficiary’s supplemental needs, such as medical and dental costs not covered by Medicaid, personal care
attendants, home modifications, or travel. The trust can be either revocable or irrevocable, although an irrevocable
trust is generally necessary to protect government benefit eligibility. When disputes arise — for instance, a
beneficiary or family member questions the trustee’s administration — the litigation proceeds in the Chesterfield
County Circuit Court. The firm represents trustees, beneficiaries, and family members in these matters, relying on
extensive experience with Virginia probate and trust litigation.
How Mr. Sris and His Of Counsel Handle Special Needs Trust Cases
Mr. Sris and the firm’s Of Counsel attorneys begin each special needs trust matter with a detailed
conversation about the beneficiary’s current and projected needs. The first step is to identify the appropriate type
of trust: a third‑party trust, a first‑party (self‑settled) trust that complies with 42 U.S.C. § 1396p(d)(4)(A) or (C),
or a pooled trust administered by a nonprofit organization. The team reviews the beneficiary’s benefit eligibility,
income, and available resources, then drafts a trust instrument that meets the precise requirements of Virginia law
and the Social Security Administration’s POMS guidelines. Because the firm does not guarantee outcomes, every
client is advised that results depend on the specific facts of the case; prior outcomes do not guarantee a similar
result. Once the trust is executed, the team coordinates with financial institutions to transfer assets, designates
successor trustees, and, when litigation is necessary, advocates in the Chesterfield County Circuit Court.
In addition to drafting and funding, Mr. Sris and his Of Counsel assist with ongoing trust administration
questions that arise in Chesterfield County. Trustees often need guidance about permissible distributions, annual
accountings, and compliance with the Virginia Uniform Trust Code’s fiduciary duties. The firm’s attorneys also
represent beneficiaries who believe a trustee has breached those duties or mismanaged trust property. If a trustee
fails to keep records or makes distributions that disqualify the beneficiary, the court may remove the trustee or
surcharge the fiduciary. Mr. Sris and his Of Counsel bring extensive combined legal experience to trust and estate
matters. Results may vary. in any individual case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia, Maryland, the District
of Columbia, New Jersey, and New York since 1997. He is the lead attorney for the firm’s trust and estate work in
Chesterfield County and across the Commonwealth. Mr. Sris testified before the Virginia House Courts of Justice
Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable
distribution statute. His background includes years of courtroom advocacy and a deep familiarity with the
procedural rules that govern Chesterfield County Circuit Court matters.
The firm’s Of Counsel attorneys contribute substantial experience in trust drafting, estate administration, and
probate litigation. They appear regularly in Virginia’s Circuit Courts and work alongside Mr. Sris to handle
complex special needs trust cases. The firm serves families throughout Chesterfield County, including the
communities of Midlothian, Chester, Bon Air, Brandermill, and Moseley, from its Richmond location at
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747 to
schedule a consultation.
Frequently Asked Questions
What is a special needs trust?
A special needs trust holds assets for a beneficiary with a disability without counting those assets against
qualifications for needs‑based government benefits. The trust is managed by a trustee who makes distributions
for expenses that enhance the beneficiary’s life but are not covered by Medicaid, SSI, or other programs. Virginia law
governs the trust’s creation and administration under the Uniform Trust Code, and the trust must be drafted to comply
with federal requirements. The Chesterfield County Circuit Court can supervise trustees if questions arise.
Who should create a special needs trust in Chesterfield County?
Parents, grandparents, guardians, or anyone planning to leave assets to a person with a disability should
consider a special needs trust. The trust can be created during the grantor’s lifetime or through a will. It is
also used when a disabled individual receives a lump‑sum settlement or inheritance. In Chesterfield County, local
court procedures for trust administration are handled by the Circuit Court. Mr. Sris and the firm’s Of Counsel
attorneys can assess your family’s situation and recommend the appropriate trust structure.
Do I need a lawyer to set up a special needs trust?
While no law requires you to hire an attorney, mistakes in drafting or funding a special needs trust can
cause the beneficiary to lose eligibility for essential benefits. The trust must comply with detailed state and
federal rules, and improper wording can give the trustee too much discretion or inadvertently create a support trust.
An experienced trust attorney can prepare the trust, advise on funding, and represent you in any court proceedings in
Chesterfield County Circuit Court. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How is a special needs trust administered in Chesterfield County?
The trustee manages the trust assets, keeps records, files tax returns, and makes distributions that
supplement — not replace — government benefits. Trust administration may involve interactions with the
Chesterfield County Circuit Court if a beneficiary or family member challenges the trustee’s actions. Virginia’s
Uniform Trust Code sets out the trustee’s duties of loyalty, prudence, and impartiality. Mr. Sris and the firm’s Of
Counsel attorneys assist both trustees and beneficiaries with ongoing administration and any litigation that arises.
What should I bring to an initial consultation about a special needs trust?
Bring any existing legal documents — wills, powers of attorney, existing trusts, and a list of the
beneficiary’s government benefits. Also bring a summary of the assets you intend to place in the trust and the
names and contact information of the people you are considering as trustee and successor trustee. While no specific
dollar amount is required, a rough estimate of the trust’s value helps Mr. Sris and his Of Counsel evaluate the
planning options. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional Virginia Trust and Estate Resources
You may find it helpful to review the Virginia Uniform Trust Code (Va. Code § 64.2-700 et seq.) at the official
Virginia Legislative Information System:
Virginia Code Title 64.2 –
Wills, Trusts, and Fiduciaries. The Chesterfield County Circuit Court website provides information on local
probate procedures:
Chesterfield
County Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.