Protect Your Loved One’s Future With a Special Needs Trust in Virginia

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Protecting Your Benefits:

Why Special Needs Trusts Matter

Leaving an inheritance directly to a loved one with disabilities can put their Medicaid or SSI at risk. A Special Needs Trust (SNT) solves this by holding assets for their benefit without disqualifying them from crucial support programs. Berdan Law creates trusts that allow your loved one to enjoy a better quality of life, with funds for extra care, activities, or comfort items; while preserving essential benefits.


Rest easier knowing your planning today ensures their financial security and access to care tomorrow.

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How a Special Needs Trust Works

Preserving Government Benefits

By naming a valid Special Needs Trust not the individual as beneficiary, assets can be excluded from SSI or Medicaid eligibility calculations, so vital support isn’t lost.

Supplementing Quality of Life

The trustee can use funds for therapies, education, recreation, and care needs that go beyond what public benefits cover.

Naming a Reliable Trustee

You select someone trustworthy to manage the trust, and can even appoint a trust protector to add another layer of oversight.

Third-Party vs. First-Party Trusts

Most families set up a Third-Party SNT, funded by parents or relatives; this trust doesn’t require payback to the government after your loved one’s passing, unlike some first-party trusts.

Custom Fit for Your Family

Your SNT can be included within a will or living trust and complement other planning tools, like ABLE accounts.

What Can Go Wrong With DIY or Generic Trusts

  • Assets left outright to a beneficiary with special needs can quickly end Medicaid/SSI eligibility.
  • Trusts not drafted to comply with Virginia and federal law may trigger “means-testing” and disqualify benefits.
  • Giving cash directly to the beneficiary or using trust funds for ineligible expenses risks penalties or benefit suspension.
  • Naming the wrong trustee or not providing for backups can leave your loved one’s care in uncertain hands.
  • Failing to coordinate with existing ABLE accounts or state support programs can result in lost advantages.

Compassionate, Thorough Planning; How Berdan Law Supports You

  • Holistic Review: We start by listening to your family’s story and long-term goals.
  • Step-by-Step Guidance: Michael explains every requirement, from choosing a trustee to outlining allowed trust expenses.
  • Customized Solutions: We draft clear, compliant SNTs, coordinate with financial advisors or care professionals, and stay up to date on evolving laws.
  • Ongoing Support: Our service includes help naming backup trustees, providing trust protector options, and answering any questions that come up in the future.

Worried About Your Loved One’s Long-Term Security?

The next step is meeting with a Virginia attorney who understands both the legal and human sides of special needs planning. You’ll receive honest guidance tailored to your family’s needs.

What to Expect When Setting Up a Special Needs Trust

We’ll guide you through every phase listening to your family’s concerns, explaining the legal steps in plain language, and creating a plan that truly fits. From trust drafting to choosing the right trustee and support team, we ensure every detail supports your loved one’s well-being. All signing and compliance requirements are handled in-house, with notary and witness services provided. Our clients often say the greatest relief is knowing their loved one’s benefits and quality of life are fully protected.

Special Needs Trust vs. ABLE Account What’s the Difference?

A Special Needs Trust can hold unlimited assets and be used for a wide variety of expenses, all while preserving eligibility for benefits. An ABLE account is a savings plan with annual contribution limits and strict use requirements. Many families use both together: the trust for inheritances or gifts, the ABLE account for day-to-day spending.

Best For Special Needs Trust ABLE Account
Large Inheritances Unlimited funds, full flexibility Capped total
Preserving Public Benefits Yes, if drafted correctly Yes, with use limits
Types of Expenses Covered Broad, at trustee’s discretion Qualified disability expenses
Who Can Set Up/Fund Parents, family, others Beneficiary or family

Not sure what’s right for your situation? We’ll review all the options and help coordinate your full plan.

  • Do I need a will or a trust?

    That depends on your goals. A will is a basic document, but it still goes through probate. A trust helps avoid probate and gives you more control. We’ll help you understand the pros and cons.

  • What happens if I don’t have an estate plan?

    If you die without a will or trust in Oklahoma, state law determines who gets your assets—and the people you care about most might be left out.

  • How often should I update my plan?

    We recommend reviewing your plan every 3 years or whenever there’s a major life change like a birth, death, divorce, or new asset.

  • Is estate planning only for wealthy people?

    Not at all. If you own a home, have children, or simply want to stay in control, estate planning is for you.

  • Do I need a will or a trust?

    That depends on your goals. A will is a basic document, but it still goes through probate. A trust helps avoid probate and gives you more control. We’ll help you understand the pros and cons.

  • What happens if I don’t have an estate plan?

    If you die without a will or trust in Oklahoma, state law determines who gets your assets—and the people you care about most might be left out.

  • How often should I update my plan?

    We recommend reviewing your plan every 3 years or whenever there’s a major life change like a birth, death, divorce, or new asset.

  • Is estate planning only for wealthy people?

    Not at all. If you own a home, have children, or simply want to stay in control, estate planning is for you.

  • How long does the whole process take?

    From your first consultation to signed documents, most plans are completed within 4-6 weeks-depending on your pace and preferences.

  • What does the first meeting include?

    It's 60-90 minutes focused on education. You'll learn how wills, trusts, guardianship, and powers of attorney work-then decide what makes sense for your family.

  • Do you offer payment plans?

    Yes, we're happy to talk through options. We also work on a flat-fee basis, so you'll always know the cost up front.

  • Can I update my plan later?

    Absolutely. Life changes, and your plan should keep up. We offer annual reviews and update support.

Special Needs Trust Questions, Answered

  • Will an inheritance affect my child’s Medicaid or SSI?

    Yes, if left outright—but a Special Needs Trust protects eligibility and provides for extra care.

  • Who should be the trustee?

    Someone trustworthy and organized; Michael will help you evaluate options and provide for backups or trust protectors.

  • What can the trust pay for?

    Anything that enhances the beneficiary’s quality of life, as long as it doesn’t duplicate or supplant benefits—examples include therapies, education, equipment, vacations. The funds in a Special Needs Trust are intended to pay for things not covered by government benefits.

  • Does a Special Needs Trust need to be part of my will or a separate document?

    It can be either—Berdan Law can integrate it into your estate plan or create a stand-alone trust, depending on your goals.

  • What happens if there’s money left in the trust after my loved one passes?

    For Third-Party SNTs, remaining funds pass to other family or named beneficiaries—no government “payback” required.

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Secure a Lifetime of Care Without Risking Vital Benefits

Every parent wants security and opportunity for their child with special needs. Berdan Law is here to help you plan with clarity, empathy, and proven legal experience—so your loved one’s future stays bright.