Our Practice Areas

Helping You Set Up A Special Needs Trust

Contextual

At the law firm of Leonard F. Berg, Attorney at Law, we have extensive experience helping families set up and administer special needs trusts, also commonly called supplemental needs trusts. These unique tools are specifically designed to help families set aside money to be used to enhance the quality of life for a special needs family member without disqualifying him or her from important government benefits.

Experienced Representation For Elder Law And Special Needs Planning

With more than 30 years of experience assisting individuals with special needs and their families, Leonard F. Berg is deeply familiar with special needs trusts. He wants to listen to your story, learn about your family, answer your questions and help you make the most effective decisions to benefit your family member with special needs.

Payback Or d4A Trusts

A special needs trust can be established using the beneficiary's own funds. This type of trust is referred to as a payback or d4A trust in Illinois, and it is typically created during the Medicaid planning process. It is important to note that upon the beneficiary's death, any remaining funds in the trust will be used to pay back the state for any Medicaid benefits paid out.

Third-Party Special Needs Trusts

If a parent, grandparent or another third party contributes funds to a special needs trust, the money will not be considered an asset of the beneficiary when determining eligibility for Medicaid and other government benefits. Additionally, there is no payback requirement upon the individual's death if money remains in the trust. This type of special needs trust typically offers the most benefits for the special needs individual.

Family members should carefully consider their choices regarding their own estate planning needs, as simply leaving money to a child with disabilities or a family member in a will is typically not the most beneficial choice.

Contact our law firm online, or call 618-216-6681 or toll free at 888-353-6236 to speak to an experienced East Alton lawyer about special needs trusts today. Attorney Leonard F. Berg is an active member of the Special Needs Alliance and the Academy of Special Needs Planners (ASNP). We serve clients across the Metro East and the Illinois River Bend.