- (843) 350-1551
- dundee@dundeelawsc.com
- Serving Myrtle Beach, South Carolina and the Grand Strand
Planning for the future of a loved one with a disability requires both foresight and compassion. At the Law Office of Dundee W. Carter, LLC, we help families throughout South Carolina protect their loved ones’ financial futures without jeopardizing eligibility for essential government benefits such as Medicaid and Supplemental Security Income (SSI).
A properly structured Special Needs Trust (SNT) is a powerful estate planning tool that ensures your loved one can receive financial support for life’s extras—such as education, transportation, therapies, or recreational activities—while still qualifying for public assistance.
Families with a child or adult dependent with special needs must take extra care in how they pass on assets. Leaving money or property outright to a person with a disability can unintentionally disqualify them from vital public benefits. A well-crafted Special Needs Trust preserves both quality of life and long-term financial stability—giving you peace of mind for the future.
We understand these concerns deeply, and we’re here to help you create a plan that reflects your unique goals, values, and love for your family member.
South Carolina offers several types of Special Needs Trusts, each designed to meet the unique circumstances of individuals with disabilities and their families. These trusts provide flexible tools for safeguarding assets, maintaining eligibility for public assistance, and ensuring long-term financial stability. By choosing the right structure, families can support their loved one’s needs while preserving critical benefits and planning for future care.
Funded with assets from parents, grandparents, or other family members. Often established as part of an estate plan to benefit a child or grandchild with a disability.
Funded with the beneficiary’s own assets—such as an inheritance, settlement, or lawsuit award—and structured to preserve government benefits.
Created through a will that becomes active upon the death of the parent or guardian. This is a way to leave assets without disrupting eligibility for public assistance.
A revocable living trust may include a sub-trust specifically designed for a family member with special needs, offering flexible and continuous protection.
Establishing a Special Needs Trust involves more than just setting funds aside—it requires careful attention to structure, compliance, and long-term administration. From choosing the right trustee to planning for future transitions, each element plays a vital role in protecting your loved one’s well-being and preserving essential benefits. Proper planning helps ensure that the trust functions as intended and continues to provide meaningful support for years to come.
The trustee plays a central role in managing trust assets. A family member, attorney, or professional trustee can serve in this role. We can help guide you in selecting someone who understands both the legal and personal responsibilities involved.
SNTs are carefully designed to ensure that the beneficiary does not receive assets directly. Instead, the trust pays for supplemental needs—like therapies, caregivers, home modifications, or travel—without interfering with SSI or Medicaid.
Funds from the trust must be used for the benefit of the individual but cannot be given directly to them as income. Proper administration is critical to remain compliant with benefit requirements.
Planning ahead includes naming a successor trustee to ensure continuity and appointing a legal guardian, when necessary, to make personal or medical decisions for a loved one who is unable to do so independently.
In the case of first-party trusts, there may be provisions for reimbursement to the state after the beneficiary’s death if public assistance benefits were received.
At the Law Office of Dundee W. Carter, LLC, we understand the deep responsibility that comes with planning for a family member with special needs. We are here to guide you through every step—listening to your concerns, explaining your options, and crafting a personalized legal plan that protects your loved one’s future.