Special Needs Planning Lawyer

Special Needs Law – Spartanburg & Greenville, SC

One of our goals is to assist families in navigating the complex issues in the areas of Special Needs Law and estate planning for adults and minor children in Spartanburg, Greenville and throughout the Upstate of South Carolina.  We work with families with special needs planning issues to develop solutions that address long-term financial stability and ensure that your loved ones are cared for when you are no longer there.

Establish a Special Needs Plan

If you have a special needs family member the establishment of a special needs plan is essential.  Without proper special needs planning, transferred assets, inheritance or gift could render your loved one ineligible for government benefits. We can help avoid such an outcome by helping you develop and establish a solution such as a special needs trust or other asset protection plan.

Special Needs Trusts

A Special Needs Trust, also referred to as a Supplemental Needs Trust is a type of Living Revocable Trust or Irrevocable Trust. The purpose of the Trust is to provide funds to a disabled or special needs beneficiary without disqualifying him or her from qualifying or receiving government assistance through federal and state programs such as Medicaid and Social Security Disability. In general, the assets are not transferred to the disabled or special needs beneficiary; however, transfers are permitted for the benefit of the special needs beneficiary.

In order for the Trust to qualify as a Special Needs Trust, the beneficiary must not have any right to the income or principal from the Trust without the approval of the Trustee. In turn, the Trust is forbidden under the terms of the Trust to distribute funds if the disbursal would disqualify the beneficiary from receiving government assistance.

Special Needs Trusts are intended to enrich the disabled person’s life by funding the purchase of quality of life and luxury items that are excluded, not permitted or covered by the government program. Special Needs Trusts generally provide funds for education, counseling, elective medical procedures, recreational activities and travel.

If you have a disabled or special needs family member, we encourage you to contact the us for an initial consultation to discuss your options and consider establishing a Special Needs Trust for the benefit of your child.  A properly executed special needs trust can assist in insuring the quality of life and financial stability of your loved one continues after you are no longer there.

Special Needs

We provide a broad range of services to assist in family planning and protection for the needs and future of disabled individuals and special needs. Our disability and special needs legal services include:

• Estate planning, trust planning and planning for government program benefits such as Medicaid, SSI;
• Special Needs Trust preparation, drafting & implementation services including third party-type special needs trusts and first party (D4A)-type special needs trusts;
• Asset Protection Planning including inherited assets, estates, other trusts, life insurance policies and/or retirement accounts
• Probate Court representation, including in guardianships, conservatorships, estate planning petitions and other proceedings.
• Tax planning
• Trustee consultation and advisement concerning roles, responsibilities, duties, authorities and legal obligations.

Contact Us

We will assist you in developing a comprehensive legal plan that will address the long-term financial stability and ensure that your loved ones are cared for when you are no longer there. We encourage you to contact the McQueen Law Firm to discuss your special needs planning requirements today at 864.585.5021 or online to schedule an appointment.

McQueen Law Firm | “A Trusted Partner” | Serving the State of South Carolina Since 1985 | Spartanburg County | Greenville County | Anderson County | Cherokee County | Union County