Special Needs Trust Attorney in Long Beach, CA
Protect a loved one without disrupting their government benefits. Serving Long Beach and surrounding communities.
Why a Special Needs Trust Matters
A special needs trust lets you leave money or property to a loved one with a disability without disqualifying them from SSI, Medi-Cal, or other government benefits. Without one, even a small inheritance can eliminate benefits worth tens of thousands of dollars a year. The trust holds and manages the assets so the person still qualifies.
These are not “one-size-fits-all” documents. California has strict rules about what the trust can say, who can be trustee, and how funds can be spent. A mistake can cost the beneficiary their benefits. We draft them carefully so they work the way they are supposed to.
What We Handle
- Third-party special needs trusts (funded by parents, grandparents, family)
- First-party (self-settled) special needs trusts
- Pooled special needs trusts
- Coordination with a parent's or grandparent's estate plan
- Trustee guidance on allowable distributions
- Updates when beneficiary circumstances change
California Special Needs Trust Rules
California allows both third-party and first-party special needs trusts. Third-party trusts are funded with money that never belonged to the beneficiary — usually from parents or grandparents. First-party trusts are funded with the beneficiary’s own money, often from a personal injury settlement or inheritance received before the trust was set up.
First-party trusts in California must include a Medi-Cal payback provision. When the beneficiary dies, any remaining assets must first reimburse Medi-Cal for services provided. Third-party trusts do not have this requirement — leftover assets can go to whoever the family chooses.
Distributions must be careful. Money paid directly to the beneficiary for food or shelter can reduce SSI. Money paid directly to a vendor for other things — therapies, phones, entertainment, transportation — generally does not. Trustees need guidance on how to spend responsibly.
Who Needs a Special Needs Trust
You should consider a special needs trust if:
- You have a child with a developmental disability
- A loved one receives SSI, Medi-Cal, or similar means-tested benefits
- You want to leave assets to a disabled family member without disqualifying them
- A disabled relative is about to receive a settlement or inheritance
- You are a grandparent planning for a grandchild with special needs
Our Process
Step 1: Family Consultation
We learn about the beneficiary, the family, and the benefits that need to be protected.
Step 2: Tailored Drafting
We draft a special needs trust that fits your specific situation and California rules.
Step 3: Fund & Guide
Sign the trust, fund it, and get ongoing guidance on how to use it properly.
Special Needs Trust Questions
Yes, if drafted and administered correctly. The trust holds assets that otherwise would count against the beneficiary. The beneficiary keeps their benefits and gets supplemental support from the trust.
A family member, a professional fiduciary, a bank trust department, or a pooled trust organization. Most families name a sibling or trusted friend with a professional backup.
Almost anything except food and shelter paid directly to the beneficiary. The trust can pay for therapies, education, travel, phones, furniture, vehicles, and recreation — all as direct payments to vendors.
As early as possible. If you wait until there is an emergency, you may lose benefits in the gap. A third-party trust in your own estate plan can sit unfunded until needed.
Costs vary depending on your situation. First-party trusts with court involvement cost more.
Request a Free Consultation
Tell us about your family. We will respond within one business day to schedule your free consultation.