A Guide to Mesa Special Needs Trusts

If you have a loved one with special needs, you probably have quite a few questions about the future. For instance, how will your family member care for themselves after you’re gone? And how will they access essential financial support when you can no longer provide it?

Walk-In Wills provides reliable legal services for estate planning, including the creation of trusts. We can also help clients in Mesa, AZ and surrounding areas, such as Casa Grande and Apache Junction, develop a special needs trust to ensure optimum peace of mind.

What Are the Benefits of a Special Needs Trust?

Because disabled individuals are usually unable to earn a living, a special needs trust ensures they have the funds to cover living expenses. However, these estate planning tools also offer another crucial benefit.

Most disabled people receive assistance from agencies or organizations, often in the form of financial support and health insurance. These agencies typically establish an income threshold, which stipulates that a person cannot possess an excess of assets.

Because assets held in a trust are owned by the trust and not the recipient, they don’t count towards the income threshold. As a result, the disabled person can have greater financial stability while also ensuring essential benefits remain accessible.

Are There Different Types of Trusts?

Special needs trusts can be a first-party or third-party trust. A first-party trust is created by the person in need of assistance, who funds the trust with their own assets to prevent their disability benefits from being affected. This is often the case with people who become disabled as adults.

On the other hand, a third-party trust is funded by others on behalf of a disabled person. In this instance, the caregiver would create the trust and fund it, although funds can be provided from others as well. When the caregiver dies, the trust retains the funds, and a trustee disperses them on behalf of the disabled person.

Frequently Asked Questions

1. What is a special needs trust, and how can Walk‑In Wills help me set one up?

A special needs trust holds money or property for someone with a disability so it doesn’t interfere with their eligibility for public benefits like Social Security or Medicaid. Walk‑In Wills’ attorneys talk with you about your family’s situation, explain the differences between trust types, and prepare the legal documents so the trust does what you intend and meets Arizona requirements.

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

Giving money outright to a beneficiary who relies on government benefits can unintentionally make them ineligible for those programs. A special needs trust keeps funds available for their use — for things like education, therapies, and housing — while preserving those important benefits. Walk‑In Wills helps design the trust so it protects benefits and supports your loved one in the long term.

3. After the trust is created, does Walk‑In Wills provide guidance on how it should be managed?

Yes. Beyond drafting the trust, Walk‑In Wills can explain a trustee’s responsibilities and help you and your chosen trustee understand how distributions should be made. Their team answers questions and offers guidance so the trust continues to serve its purpose without jeopardizing benefits.

4. How much does a special needs trust cost in Mesa?

Special needs trust costs depend on the trust’s complexity and your family’s specific situation. Walk-In Wills discusses pricing during your consultation and explains what’s included so you can plan for this important investment in your loved one’s future.

5. Where can I find a special needs trust attorney near me in Mesa, AZ?

Walk-In Wills helps Mesa families create special needs trusts that protect government benefits while providing for loved ones with disabilities. Their attorneys understand Arizona’s requirements and can guide you through every step of the process.

Who Can Help You Establish a Trust for a Loved One?

When it comes to something as important as ensuring your loved one is properly cared for after you’re gone, you need a law firm with the right experience and knowledge. Our estate planning attorneys at Walk-In Wills provide each client with the benefit of more than 20 years of experience. We also strive to make the process as low-stress as possible.