A Guide to Special Needs Trusts in Gilbert, AZ

If you provide care to a disabled loved one in Gilbert, AZ, you’ll naturally have concerns about the person’s future after you’re gone. In this case, a special needs trust offers immense peace of mind to your family member and yourself.

Since 2003, Walk-In Wills has supported our clients by providing vital estate planning services. While we rival big-name law firms in terms of knowledge and experience, we offer services in a calm and soothing environment.

What Are Special Needs Trusts?

People with disabilities usually require supplemental benefits to cover daily living expenses. However, these benefits typically come with income thresholds, which can be impacted by the ownership of properties or financial accounts.

A special needs trust ensures that the disabled person has everything they need to survive. Placing assets into a trust means they’re not owned by the beneficiary. As a result, a person can rest assured they have continued access to essential benefits while also being in possession of other assets.

Are There Different Types of Trusts?

When it comes to estate planning for special needs, there are two types of trusts to consider:

First-Party Special Needs Trusts

These trusts are implemented by the person with special needs themselves. This option is usually best for people who experience a disability as an adult, as it ensures their financial needs will continue to be met even when they can no longer work.

Third-Party Special Needs Trusts

Third-party trusts are usually created by the caregiver of a person who has special needs. However, other parties and organizations can also contribute to these trusts as time goes on. When the original creator of the trust dies, a trustee takes over to manage the assets within the trust on behalf of the disabled person.

Frequently Asked Questions

1. What is a special needs trust and how can Walk‑In Wills assist with it?

A special needs trust is a legal arrangement designed to hold money or assets for someone with disabilities without affecting their eligibility for government benefits like Social Security or Medicaid. At Walk‑In Wills, attorneys help you understand how these trusts work, draft the right type of trust for your situation, and make sure the document is structured properly so your loved one is protected.

2. Why shouldn’t I just leave assets directly to a loved one with special needs?

Giving assets outright can unintentionally disqualify someone from benefits they rely on. A special needs trust keeps those funds available for things that improve quality of life — like education, medical equipment, or housing — while preserving essential benefit eligibility. Walk‑In Wills helps set up the trust so it serves its intended purpose.

3. Can Walk‑In Wills help manage the trust after it’s created?

Yes. Beyond drafting the trust, the team at Walk‑In Wills can explain how it should be administered and what responsibilities a trustee will have. They walk you and your chosen trustee through the process so distributions and record‑keeping are handled correctly, and the trust continues to benefit your loved one as you planned.

Do I Need an Attorney to Create a Special Needs Trusts?

Trusts are complex estate planning tools, which means it’s best to obtain professional legal help when creating them. Our attorneys at Walk-In Wills approach each client armed with more than 20 years of experience. As a result, we can help you develop a solid, legally binding trust that ensures you continue to care for a loved one, even after you’re gone.
If you have any questions, feel free to contact us for more information. We also encourage residents of Gilbert and surrounding areas, such as Peoria and Tempe, AZ, to call (480) 470-7000 to schedule a free consultation.