Trust Funds Explained™

Legal structure

Special Needs Trust

A trust designed to supplement, not replace, government benefits for a beneficiary with a disability.

Typical purpose

To provide quality-of-life support while seeking to preserve eligibility for programs such as SSI or Medicaid.

How it operates

A trustee makes discretionary distributions for supplemental needs consistent with benefits rules.

Who might use it

Families of individuals with disabilities.

Assets commonly involved

  • ◆Cash
  • ◆Investments
  • ◆Life insurance proceeds
  • ◆Settlement proceeds

Potential advantages

  • ◆Supplemental support
  • ◆Professional oversight

Legal and tax limitations

  • ◆Complex benefits rules
  • ◆Payback provisions may apply
  • ◆Distribution errors can affect eligibility

Establishment & administration

  • ◆Specialized drafting
  • ◆Knowledgeable trustee
  • ◆Careful distribution records

Common mistakes

  • ◆Making cash distributions directly to the beneficiary
  • ◆Using a generic trust template

Questions to ask a professional

  • ◆Which state's law should govern this arrangement, and why?
  • ◆Who should serve as trustee and successor trustee?
  • ◆How will the trust be taxed at the federal and state level?
  • ◆What assets must be retitled, and who handles the transfers?
  • ◆What ongoing records, filings, and reports will be required?

Educational information only. Trust law varies by state; consult qualified legal, tax, and financial professionals before acting.

Next step

Move from understanding to a properly reviewed plan.

Discuss a Special Needs Trust With Tangier

Educational information only. Not legal, tax, or investment advice.