Alaska Special Needs Trust Attorney
Ensure Lifelong Care for Your Child
Special Needs Trusts
One “Catch-22-like” situation surrounding estate planning for those with special needs is leaving enough money to pay for the massive amount of care and supports these individuals typically need throughout their lifetimes. Yet, if parents leave a large lump sum of money directly to a child with special needs, they risk disqualifying him or her for government benefits like Medicaid and Supplemental Social Security Income.
Fortunately, the government allows assets to be held in what’s known as a “special needs trust” to provide supplemental financial resources for the physically, mentally, or developmentally disabled child without affecting their eligibility for public healthcare and income assistance benefits. That said, the rules for such trusts are quite complicated.
For instance, funds from a special needs trust cannot be distributed directly to the disabled beneficiary and must be disbursed to a third-party who’s responsible for providing the goods and services they need to maintain a comfortable lifestyle. What’s more, the requirements for a child with special needs change dramatically over time, as do the laws governing public benefits.Given this, it’s vital to work with an experienced special needs attorney who can create a comprehensive special needs trust that’s both properly structured and appropriate for your child’s specific situation.
We offer estate planning solutions designed for families in Alaska, including:
- Ensuring financial support: Helping you pass on the right financial assets without jeopardizing eligibility for government benefits.
- Appointing a guardian or trustee: Finding and selecting a trusted individual to take care of your child in the event of your death or incapacity.
- Providing ongoing guidance to your chosen trustee in how to administer the trust so that your child maintains their benefits.
How it Works
Our estate planning process is designed to be simple, transparent, and stress-free, with a flat fee structure so you don’t have to worry about extra charges for quick calls or additional time.
Initial Call & Planning Session
Many clients first connect with us by scheduling a quick 15-minute call with our intake coordinator. It’s a chance to share some basic information and get a feel for how we work. From there, we’ll help you book a 2-hour Planning Session with one of our attorneys—typically scheduled about three weeks out.
Personalized Plan & Design
During your Planning Session, we’ll walk through a detailed inventory of your family, assets, and what matters most to you. Together with your attorney, you’ll design a personalized estate plan that fits your life and goals. Within a week, you’ll receive a clear overview of the design, and about five weeks later, you’ll finalize everything by signing your completed plan.
Trust Funding and Long-Term Care
Once your plan is in place, we’ll help you transfer assets into the trust— easier for you than your kids. After trust funding, we’ll deliver your binder, giving you peace of mind. Plus, you can join our Family Care Program to keep your plan up to date.
Testimonials
“Liz Smith and her team gave us peace of mind that we have our end-of-life plans in place. We were able to accomplish all business virtually and recommend their professional, knowledgeable services to our friends in Southeast Alaska.”
— MM
“Liz and everyone in your office was courteous and great to work with. I would definitely recommend you to anyone considering estate planning.”
— Mike and Laurie Sica
“Liz Smith and her team gave us peace of mind that we have our end-of-life plans in place. We were able to accomplish all business virtually and recommend their professional, knowledgeable services to our friends in Southeast Alaska.”
— B and T Suson
FAQS
Frequently Asked Questions
What is estate planning?
Estate planning is the process of arranging for the management and distribution of your assets after your death or in case you become incapacitated. It includes creating legal documents like wills, trusts, powers of attorney, and healthcare directives.
Do I really need a will or trust?
If you have assets, children, or loved ones you want to protect, a will or trust is essential to ensure your wishes are followed. A trust can help avoid probate and may provide greater control over how your assets are distributed.
What’s the difference between a will and a trust?
A will outlines how your assets should be distributed after your death, while a trust allows you to transfer assets during your lifetime, manage them, and avoid the probate process. A trust can also include provisions for asset management if you become incapacitated.
What is probate?
Probate is the legal process that takes place after someone passes away to ensure their assets are distributed according to their will—or by state law if there’s no will. It typically involves proving the validity of the will, appointing an executor or personal representative, identifying assets, paying debts and taxes, and distributing what’s left to heirs. In Alaska, probate can be time-consuming and costly if not planned for, which is why many families choose to create a trust to help avoid it altogether.
What happens if I don’t have an estate plan?
How can I protect my family’s future with estate planning?
Estate planning ensures that your assets are distributed according to your wishes, and that your loved ones are cared for. It also provides for guardianship of minor children, and can include healthcare directives and powers of attorney to protect your interests in case of incapacity.
When should I update my estate plan?
It’s important to review and update your estate plan after major life events, such as marriage, divorce, the birth of a child, or the acquisition of new assets. Regular reviews help ensure your plan reflects your current situation and wishes.
What are the costs of estate planning?
Estate planning costs vary depending on your situation and the type of plan you wish to set up. Our plans provide a comprehensive foundation at a flat-fee that will be agreed upon ahead of time before we get started. Those fees range from 3k-17K+. This includes more than just your foundational legal document like a Will or a Trust. Contact us today to learn more about what our services include.
What is a healthcare directive?
A healthcare directive, also known as a living will, specifies your medical wishes in the event that you become incapacitated and unable to make decisions. It may also appoint someone to make healthcare decisions on your behalf.
What is a durable power of attorney?
A durable power of attorney is a legal document that allows you to appoint someone to manage your financial affairs in case you become incapacitated. Unlike a regular power of attorney, a durable one remains effective even if you are unable to make decisions.
Can I change my estate plan later?
Yes, estate plans can be updated or changed as your life circumstances evolve. It’s recommended to review your plan periodically to ensure it remains aligned with your wishes.
Get in Touch
We’re here to help you create a plan that brings peace of mind and protects your loved ones. Whether you’re just starting your estate planning journey or need help refining an existing plan, we’re ready to assist.
If you would like to schedule a call at a time that works for you, click the button below or fill out the form. We’ll get back to you shortly.
Email: [email protected]
Phone: (907) 312-5436
Address: Jordan Creek Center
8800 Glacier Hwy, Suite 222
Juneau, AK 99801.
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Disclaimer: The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. No attorney-client relationship is intended or formed by viewing this website, downloading and using the contents, forms, tips or information found on this website. We invite you to contact us and welcome your calls, letters, and email. Contacting us does not create an attorney-client relationship. Client testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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