Special Needs Planning

What is the Difference Between First- and Third-Party Texas Special Needs Trusts?

Published on: February 11, 2021 | By McCulloch & Miller, PLLC

For individuals with a special needs loved one, creating a Houston special needs trust can drastically improve their lives. Special needs trusts allow individuals to still receive government disability benefits while simultaneously receiving property and assets. However, there are two different types of special needs trust: first-party and third-party trusts. While these special needs trusts have many similarities, there are critical differences between the types of trusts. Because of this, knowing the differences between a first- and third-party trust is critical before people decide which trust is right for them and their loved one.

Third-Party Special Needs Trusts

The major distinction between first- and third-party special needs trusts is who is funding the trust. Simply put, a third-party trust is funded by family members, whereas first-party trusts are funded by the individual with special needs.

Houston Estate Planning for Children with Special Needs

Published on: October 8, 2020 | By McCulloch & Miller, PLLC

Estate planning is critical for people of all ages and especially important for people with varying life circumstances. For instance, families who have children with special needs should think about developing an estate plan and putting specific provisions in place for their children. One such measure parents should take is creating a Houston special needs trust for their children. This protects any potential public benefits the child may receive in the future while still allowing families to indirectly assist their special needs loved one with fulfilling their basic needs.

What is a Special Needs Trust?

A Special or Supplemental Needs Trust is created to hold the property of a special needs person and distribute the funds to them in a way that still preserves their eligibility for public benefits. Many government programs, such as Supplemental Security Income (SSI) benefits and Medicaid, offer benefits to special needs individuals; however, to qualify for these programs, an individual cannot own more than $2,000 in assets. However, many family members want to give their loved one assistance without disqualifying them for these benefits. Without a special needs trust in place, giving gifts or assets directly to another person will likely result in losing any public benefits.

The Importance of a Letter of Intent in a Houston Special Needs Plan

Published on: August 14, 2020 | By McCulloch & Miller, PLLC

Parents know their children better than anyone else. While this stands true for any parent-child relationship, it is especially applicable in families who have a child with special needs. Given the challenges that many children with disabilities face, parents may have valid concerns about what will happen to a child with special needs once they are gone. Creating a Houston special needs plan is an important step in the estate planning process that parents can take to provide themselves peace of mind, as well as provide their child with the support they need to live a long, fulfilling life.

One crucial element of a Houston special needs plan is the letter of intent. A letter of intent is simply a letter, drafted by parents, that includes vital information about their child to future caregivers. Unfortunately, letters of intent are often overlooked by parents who intend on having another family member take over the care giving role once they are gone. However, even if relatives are close with a child, they may not know all of the necessary information that a parent would hope to pass on. Further, in the event a familial caregiver passes away or becomes incapacitated themselves, vital information about the child would be lost. Thus, even if a family member is planning on assuming the caregiver’s role, a letter of intent is still important.

Letter of Intent Checklist Items:

Making Special Needs Planning Easy with the Texas ABLE Program

Published on: August 12, 2020 | By McCulloch & Miller, PLLC

Texas ABLE Program

Having someone in your life or family who has a disability can often mean disability-related expenses. For some, it can also mean needing additional assistance in order to maintain the individual and family’s personal and collective health, independence, and quality of life. The Texas Achieving a Better Life Experience (Texas ABLE) Program exists in order to encourage and support individuals with disabilities and their families. The program helps individuals with special needs save money that can be used to pay for disability-related expenses. The program is established and maintained by the Texas Prepaid Higher Education Tuition Board with support from the Texas Comptroller of Public Accounts.

To be eligible to receive assistance through the program, an individual must be a Texas resident who developed their qualifying disability before the age of 26. Texas ABLE’s website also includes an Eligibility Wizard, which is an easy online tool that can determine your eligibility to open an account with the program. To open an account, the individual must be 18 years of age and manage their own account. If the eligible individual is under the age of 18 or is unable to exercise signature authority over their account, they will need an Authorized Legal Representative who will help with opening and managing of the account. This individual can be a parent, legal guardian, or a trustee or agent acting under power of attorney.