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Elkridge Special Needs Trust Lawyer

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Elkridge Special Needs Trust Lawyer

Dedicated Special Needs Trust Attorney in Elkridge, MD

A special needs trust enables someone who is disabled to pay for supplemental needs without threatening the benefits that let them pay for their basic living needs. Whether you are disabled or have a loved one who is disabled, establishing this trust properly is crucial to protect the immediate and long-term needs of a disabled individual. An Elkridge special needs trust lawyer can help you create this trust properly.

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Elkridge Special Needs Trust Attorney at Liberty Legacy Law Group

The Elkridge trusts attorneys at Liberty Legacy Law Group have years of experience providing legal support to our communities and can help you create a special needs trust and other estate planning documents that meet your needs. Without an attorney, you are more likely to make a trust that doesn’t hold up, preventing you from offering your loved one needed support or costing them their benefits. Our firm offers straightforward and reliable legal guidance throughout the process.

The Basics of a Special Needs Trust

A special needs trust exists to offer supplemental financial support for someone who is disabled.  In Elkridge, 6.9% of the population is disabled. This includes 3.7% with a cognitive difficulty and 3.1% with an ambulatory difficulty.

Most disabled individuals need governmental benefits to manage their basic living needs and sometimes medical care, but do not have additional financial resources for transportation, personal care, exemplary medical needs, education, and other needs. In December 2025, there were 115,474 recipients of Supplemental Security Income (SSI) in Maryland, and in 2024, there were 123,448 people on Social Security Disability Insurance (SSDI).

Many family members and loved ones want to provide financial assistance to help meet these additional needs. If a disabled individual directly receives this assistance, they will likely exceed the resource and income limits required by certain benefits. This can reduce benefits or disqualify them from getting benefits entirely.

A special needs trust provides a way for disabled loved ones to get support for supplemental needs without threatening their benefits. The assets in the trust are handled by a trustee, meaning the assets are not under the ownership of the beneficiary.

What Are the Important Elements in a Special Needs Trust?

In order for a special needs trust to work properly, it needs three key elements. This includes:

  1. A reliable trustee. You can put anyone in charge of the trust as the trustee, as long as they are not also the beneficiary of the funds. If the beneficiary is in charge of a special needs trust, it counts as part of their assets, and undermines the entire point of the trust. The trustee needs to be someone you and the beneficiary can trust, and someone who will understand the legal and fiduciary responsibilities of the position.
  2. Irrevocable status. The trust must be irrevocable, meaning it cannot be easily changed or revoked. An irrevocable trust is more effective at protecting a disabled beneficiary’s financial support.
  3. Supplemental use funds. The funds placed in the special needs trust have to be used for supplemental needs, not essential needs. Disabled beneficiaries have basic needs covered by governmental benefits, and paying for those benefits with trust funds can result in benefits reduction or even disqualification.

Why Should You Hire a Special Needs Trust Lawyer in Elkridge, Maryland?

You should hire a special needs trust lawyer so that you create a special needs trust that actually supports your loved one and holds up legally and financially. A lawyer helps you:

  • Be aware of important legal requirements
  • Understand the restrictions of the trust
  • Outline the potential pitfalls that can occur and how to address them
  • Outline the different types of special needs trusts, such as self-funded or third-party
  • Understand the duties of a grantor, the creator of the trust, and the trustee
  • Select a trustee
  • Fund the trust
  • Get clarification on any questions or concerns you have

Working with an attorney can also help you navigate other related proceedings, like a guardianship at the Circuit Court for Howard County.

FAQs

Is There a Monthly Fee for Having a Trust?

There may be a monthly fee for having a trust, depending on the type of trust, how you create it, and who manages it. When you hire an attorney or other professional as the trustee, they will have a cost for management. If you create a special needs trust with an attorney, they can help you understand potential fees depending on how you are funding it, the type of trust, and the trustee you are putting in charge.

Who Pays Taxes on a Special Needs Trust?

The grantor, or the individual who created the trust, is usually responsible for the taxes on a special needs trust. However, other types of special needs trusts have unique requirements. A trust without a grantor is taxed as its own entity, and the beneficiary may then be responsible for those taxes. It’s important to understand the types of trusts and their tax implications when you create the trust, and an attorney can explain these specifics.

Can You Buy Clothes With a Special Needs Trust?

You likely should not buy clothes with a special needs trust. Basic needs like clothing are meant to be covered by your benefits, and the funds in a special needs trust are meant to be used for supplemental needs. However, in some cases you could still buy the clothes with a special needs trust and report that for less income from your benefits, depending on how your benefits work. An experienced Elkridge special needs trust attorney can help you understand the specifics.

Can a Special Needs Trust Pay for a Car?

Yes, a special needs trust could be used to pay for a car. Governmental benefits are meant for basic needs like housing, utilities, clothing, and food. Transportation is considered a supplemental benefit that is not covered. Because of this, you can likely pay for a car and other transportation needs using a special needs trust without it impacting your benefits. However, it always helps to review the specific requirements with a lawyer.

Experienced Legal Support for Your Special Needs Trust Case in Elkridge, MD

It’s important that a special needs trust is funded properly and follows all the requirements so it actually protects a disabled individual that it is meant to support. Reach out to Liberty Legacy Law Group today for legal guidance when setting up this trust.

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