Special Needs Planning That Protects Your Loved One for Life

Planning for a Loved One With Special Needs Takes More Than a Will

Special needs planning is about making sure your child or loved one with a disability is financially supported and personally cared for — without jeopardizing vital benefits like Medicaid or Supplemental Security Income (SSI). Many families worry about what will happen when they are no longer able to provide care themselves. With the right legal plan in place, you can ensure long-term security, dignity, and quality of life for the person you love most.

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What Is a Special Needs Trust and Why Does It Matter?

A Special Needs Trust (SNT) is a legal tool that allows assets to be held for a person with a disability without counting against the strict asset limits for Medicaid or SSI. In Texas, an inheritance or settlement left directly to a person receiving benefits can cause those benefits to be reduced or lost. A properly drafted special needs trust avoids that outcome by keeping funds available for supplemental needs while preserving eligibility for essential programs.

Preserving Medicaid and SSI Benefits

Trust assets are not treated as the beneficiary’s personal resources, allowing continued access to healthcare and income support.

Enhancing Quality of Life

Trust funds can be used for education, therapies, transportation, recreation, personal care, and other needs not covered by government programs.

Long-Term Protection

Special needs trusts are designed to last for the beneficiary’s lifetime, providing structured support well into adulthood.

Types of Special Needs Trusts

Choosing the right trust depends on where the funds come from and the beneficiary’s situation.

Third-Party Special Needs Trusts

Often used by parents or grandparents, these trusts hold assets that never belonged to the beneficiary and are commonly funded through inheritances or life insurance.

First-Party Special Needs Trusts

Used when the beneficiary already owns assets, such as from a settlement or inheritance, and must meet strict legal requirements to preserve benefits.

We help determine which structure fits your family’s needs and ensure compliance with Texas and federal law.

Choosing the Right Trustee and Support Team

A trustee manages the trust assets and makes distributions according to the trust terms. Choosing the right trustee is critical — it can be a family member, trusted friend, or professional fiduciary. We help you think through:


  •  Who understands your loved one’s needs
  •  How decisions will be made long-term
  •  What safeguards should be included


When appropriate, we also coordinate planning with financial advisors or care coordinators to ensure continuity of care.

Guardianship and Decision-Making for Adult Children

When a child with special needs turns 18, Texas law considers them a legal adult — even if they cannot make safe decisions independently. Families may need to consider guardianship or alternative decision-making tools to ensure ongoing protection. Planning ahead allows you to name trusted individuals and avoid crisis-driven court involvement later.

Why Special Needs Planning Requires Experienced Guidance

Special needs planning involves navigating overlapping state and federal rules, including Medicaid eligibility, estate recovery, and benefit compliance. Mistakes — even well-intentioned ones — can cost families years of benefits and create unnecessary hardship. We stay current on these laws and tailor each plan so it works as intended, both now and decades into the future.

From Offer to Keys:

The Texas Transaction Timeline

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Offer & Negotiation

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Title Search, Survey, and Lender Requirements

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Closing Day & Funding

Use our guidance to understand earnest money, option fees, HOA resale certificates, and who pays which closing costs in Texas. We'll flag issues early and keep every stakeholder aligned.

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Serving Homebuyers, Sellers, and Developers Across North Texas

First-time homebuyer near Allen High School? Investor renovating near Allen Premium Outlets? Small developer planning a 1-10 acre retail strip along Stacy Road? Aaron C. Lee Law Firm speaks the language of Collin County growth and helps you balance risk, timing, and goals.


Title & Closings with a Trusted Partner

Our partnership with Alamo Title means clear coordination on commitments, curative actions, and funding logistics. You get one coordinated team focused on a smooth, on-time closing.

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What to Expect When Creating a Special Needs Plan

We approach this process with care, clarity, and respect for your family’s journey.

Consultation

We listen to your concerns, your loved one’s needs, and your long-term goals.

Plan Design

We determine whether a special needs trust, guardianship planning, or other tools are appropriate.

Drafting and Review

Your documents are drafted carefully and reviewed together to ensure accuracy and understanding.

Coordination and Support

We help align your plan with benefits, financial planning, and family involvement.

Common Questions Families Ask

  • Can someone on Medicaid inherit money in Texas?

    Direct inheritances can disqualify a beneficiary from Medicaid or SSI, but a properly structured special needs trust can prevent that.

  • Is special needs planning only for children?

    No. Adults with disabilities can also benefit from special needs trusts and long-term planning.

  • Do special needs trusts protect assets from Medicaid recovery?

    Third-party special needs trusts are generally protected from Medicaid Estate Recovery, which is an important planning consideration.

  • Can this plan be updated later?

    Yes. Plans can and should be reviewed as laws, benefits, or family circumstances change.

Ready to Talk?

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Give Your Loved One Security — Even When You Can’t Be There

You’ve spent years caring, advocating, and protecting your loved one. Special needs planning allows that care to continue — legally, financially, and compassionately — long into the future. With thoughtful planning and experienced guidance, you can move forward with confidence and peace of mind.

Related Legal Needs We Can Coordinate

Real estate often intersects with estate planning and collections. We frequently help property owners align deeds with wills and trusts, and we assist investors with note enforcement when payments fall behind.