Leaving money outright to a loved one with a disability can backfire. Supplemental Security Income (SSI) and Medicaid impose strict asset caps—usually $2,000. Exceed that limit, and benefits vanish until funds deplete. A carefully drafted special needs trust (SNT) provides extra resources while preserving public assistance. Consult an Austin estate planning and probate lawyer at McCulloch & Miller, PLLC to structure the trust correctly.
Why Standard Inheritances May Hurt Benefit Eligibility
SSI and Medicaid count cash, investment accounts, and even modest savings as resources. A direct inheritance pushes the beneficiary over the threshold, forcing them to spend down funds on basic needs those programs once covered. An SNT owns the assets instead, so they do not count toward eligibility. Because Texas participates in Medicaid estate recovery, bypassing the beneficiary’s name on the title also prevents the state from later demanding reimbursement.
Key Features of a Third-Party Special Needs Trust
A third-party SNT uses someone else’s money—typically parents or grandparents—to support the beneficiary. Major provisions include:
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A discretionary distribution standard allowing payments for education, therapies, travel, and entertainment.
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A prohibition on disbursing cash directly to the beneficiary, which could count as income.
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Remainder beneficiaries who inherit unused funds when the primary beneficiary dies, avoiding Medicaid payback.
Texas law lets you appoint a “trust protector” who can replace an underperforming trustee or tweak administrative language without going back to court—an extra layer of security families appreciate.