Special Needs Trust Lawyer Chevy Chase — How Can You Protect Your Loved One’s Future?
A Special Needs Trust Lawyer Chevy Chase is essential for families planning for a disabled loved one’s financial security without jeopardizing vital government benefits like Medicaid or Supplemental Security Income (SSI). Law Offices Of SRIS, P.C. provides focused legal guidance to establish and administer these critical tools, ensuring your family member’s long-term care and quality of life are protected under Maryland law.
Understanding Special Needs Trusts in Maryland
A Special Needs Trust, also known as a supplemental needs trust, is a legal arrangement designed to hold assets for the benefit of an individual with a disability. The primary purpose is to supplement, not replace, government assistance programs. Properly drafted, the trust’s assets are not counted as the beneficiary’s own resources for means-tested benefit eligibility. Maryland law, including statutes governing estates and trusts, provides the framework for creating and managing these instruments. A supplemental needs trust lawyer Chevy Chase can handle these rules to build a secure plan.
Last verified: March 2026 | Montgomery County Circuit Court | Maryland General Assembly
Official Legal Resources
For authoritative information, refer to the Maryland Statutes governing estates and trusts. You can also review procedures and forms through the Maryland Courts website.
Local Trust Planning Considerations for Chevy Chase Families
In Montgomery County, estate planning often involves coordinating with local agencies and understanding how Maryland’s estate tax may interact with a trust. A disability trust planning lawyer Chevy Chase knows that courts here scrutinize trust documents for clarity in the trustee’s powers and the beneficiary’s standard of care. The key is to define supplemental needs precisely to avoid benefit disruptions.
- Schedule a consultation with a Special Needs Trust Lawyer Chevy Chase to discuss your family’s specific situation and goals.
- Decide on the trust type (first-party, third-party, or pooled trust) based on the source of funds and the beneficiary’s age.
- Draft the trust document with clear terms for trustee discretion, permissible distributions, and successor trustees.
- Formally execute the trust agreement according to Maryland law and fund the trust with the designated assets.
- Register the trust with the Montgomery County Circuit Court if required and provide documentation to benefit agencies.
- Instruct trustees on their ongoing duties for administration, accounting, and making distributions that preserve benefit eligibility.
Why Choose Our Firm for Your Trust Planning
Law Offices Of SRIS, P.C. was founded in 1997. Our approach to trust law is practical and client-focused. We understand that planning for a family member with disabilities is emotionally charged, and we work to create clear, effective legal solutions that provide peace of mind. Our firm handles the legal details so you can focus on your family.
Our Approach to Trust and Estate Matters
We focus on creating plans that are both legally sound and personally case-specific. For special needs planning, this means collaborating with families to understand the beneficiary’s needs, the nature of public benefits involved, and the family’s financial picture. We then draft documents that provide maximum flexibility and protection under current law, while advising on potential future changes.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Chevy Chase Location
Our team is available to discuss your special needs trust planning. We serve clients in Chevy Chase, Bethesda, Silver Spring, and throughout Montgomery County.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747
24/7 phone consultations. Meetings by appointment only.
Frequently Asked Questions
What is the difference between a first-party and a third-party special needs trust?
Yes, there is a key difference. A first-party trust holds assets that belong to the disabled person (like an inheritance or lawsuit settlement). A third-party trust is funded with assets from someone else, like parents. A Special Needs Trust Lawyer Chevy Chase can advise which type fits your situation and the different Medicaid payback rules that apply.
Can a special needs trust pay for housing?
It depends. The trust can pay for housing costs directly in some cases, but this can reduce SSI benefits. A common strategy is for the trust to own a home, allowing the beneficiary to live there without affecting cash benefits. A supplemental needs trust lawyer Chevy Chase can structure this to minimize impact on government assistance.
Who should be the trustee of a special needs trust?
The trustee manages the trust assets and makes distributions. This can be a family member, a professional fiduciary, or a corporate trustee. The choice depends on the trust’s complexity, family dynamics, and the need for financial experience. A disability trust planning lawyer Chevy Chase can help you select and appoint a suitable trustee.
Does a special needs trust affect Medicaid eligibility?
No, a properly drafted special needs trust should not affect Medicaid eligibility. The assets in the trust are not counted as the beneficiary’s resources. However, distributions from the trust for certain expenses can affect SSI cash benefits. Legal guidance is crucial to handle these rules and preserve essential benefits.
What happens to the money in a special needs trust when the beneficiary dies?
For a first-party trust, Maryland law generally requires that remaining funds be used to reimburse the state for Medicaid benefits paid. Any leftover money can then go to other beneficiaries. For a third-party trust, the remaining assets can pass to other family members or charities as directed in the trust document without a Medicaid payback.
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.