Special Needs Planning Preserving Legacies, Securing Futures: Your Trusted Estate Planning Partner

Special Needs Attorney in Raleigh

Helping Families Support Their Loved Ones

Some parents choose to leave a disabled child out of their estate plans when they learn that leaving them an inheritance could result in their losing benefits. This scenario typically results in the bulk of assets instead being left for siblings or other family members, with the expectation that they find a way to care for their special needs loved one. While it is true that you avoid leaving direct inheritances to those receiving disability benefits, there are effective means of caring for your loved one through your estate plan without jeopardizing their program eligibility.

Special needs trusts can facilitate the support that your loved one will need in addition to public disability benefits. Families of a loved one with special needs can place an unlimited number of assets into a third-party special needs trust that works to cover the needs and expenses beyond what government benefits can accommodate. First-party special needs trusts can also be used to collect any inheritances or settlements that the loved one with special needs.

Supplemental Security Income (SSI) and other programs have rule exceptions that specifically allow these types of special needs trusts. At Oak City Estate Planning, we can work with your family to determine what type of support your loved one requires and make recommendations about what special needs trusts can safely support their care. With our special needs attorney’s deep understanding of Raleigh’s local legal framework, we ensure your special needs trust complies with all North Carolina regulations, providing your family with added assurance and security.

Looking for a trusted special needs lawyer in Raleigh? Call us today at (919) 975-5359 or contact us online to get the personalized support your family deserves.

Understanding Raleigh's Legal Landscape

Planning for special needs in Raleigh requires a nuanced understanding of local laws and regulations. North Carolina has specific statutes that impact how special needs trusts and guardianships are handled, which can vary from county to county. This is why seeking professional guidance is crucial. At Oak City Estate Planning, we are not only knowledgeable about state laws but are also familiar with the local legal environment in Raleigh, ensuring that your estate plan is compliant and effective.

Working with our Raleigh-based practice means that you benefit from a firm that understands the intricacies of the local judicial system. Our goal is to create strategic advantages for our clients by leveraging this localized understanding, allowing us to predict and navigate possible legal barriers effectively. This ensures that the plans put in place are robust, comprehensive, and catered to Raleigh's unique requirements.

Establishing Guardianship for Special Needs Adults

Typically, when a child becomes a legal adult by turning 18, they assume full responsibility over the decisions governing their life. This includes making choices about where to live and how to make a living. Adults with special needs may not have the physical or mental competency to adequately make these decisions. In these situations, a guardianship may be necessary.

Guardianships come in two forms. A guardian of the person has responsibility over an individual’s health, safety, and general well-being. This includes the ability to make decisions about a person’s medical care, food, and housing. A guardian of the property handles financial affairs, including the management of any property or assets, including government benefits.

In many cases, a person granted a guardianship for a loved one with special needs serves as both a guardian of the person and a guardian of the property. They have a responsibility to take care of the person on a day-to-day basis as well as manage their financial security.

Obtaining a guardianship through a court can be a challenging process, in part due to the amount of authority that is conferred. The court will need to be convinced that the individual with special needs cannot adequately manage their affairs without outside assistance. Courts also generally prefer that only close family members, like a parent or sibling, serve as a guardian in these situations.

Our special needs attorney in Raleigh can help assess whether a guardianship makes sense for your situation and strategize on the most effective means of pursuing the designation from the appropriate court. We understand how these types of cases are adjudicated and will do everything possible to get you the legal authority that you need to help your loved one. Our in-depth knowledge of Raleigh's court systems enables us to navigate the procedural intricacies involved in these cases efficiently, ensuring a smoother experience for our clients.

Creating a Personalized Special Needs Plan

At Oak City Estate Planning, we understand the unique challenges and concerns that come with planning for individuals with special needs. Our experienced special needs attorneys in Raleigh are dedicated to creating personalized special needs plans that address your specific situation and provide peace of mind for the future.

Benefits of creating a personalized special needs plan include:

  • Ensuring financial security for your loved one with special needs
  • Protecting eligibility for government benefits
  • Establishing a plan for ongoing care and support
  • Guiding future decision-making

Our special needs lawyers in Raleigh will work closely with you to understand your goals and concerns and develop a comprehensive plan that meets your needs. This includes exploring local resources in Raleigh, such as community support services, to facilitate the integration of these elements into your special needs strategy. By aligning your plans with both legal and community resources, we can help ensure a well-rounded approach that maximizes both security and quality of life for your loved ones.

Local Support & Resources in Raleigh

Raleigh offers an array of resources and support systems for families planning for special needs. Programs such as the North Carolina Division of Aging and Adult Services provide additional aid to ensure families receive all available benefits and guidance in care planning. Utilizing these resources in conjunction with professional legal advice is critical in establishing a comprehensive plan that addresses the multifaceted challenges of special needs planning.

By leveraging both local and state aid, we're able to create a plan that encompasses all necessary care components. Our role at Oak City Estate Planning extends beyond legal assistance; we are committed to guiding you through the entire process, ensuring you always have access to the best resources to support your loved one with special needs.

 

Frequently Asked Questions

What is the difference between a first-party and a third-party special needs trust?

A first-party special needs trust is funded with the disabled individual's own assets, such as an inheritance or personal injury settlement. A third-party special needs trust is funded with assets belonging to someone other than the disabled person, such as parents or other family members. In Raleigh, understanding the implications of these trusts is crucial, as local laws can affect asset management and eligibility for government assistance. Consulting with our team can provide clarity on the best approach for your family.

How can I determine if my loved one with special needs requires a guardianship?

If your loved one lacks the mental or physical capacity to make important decisions about their health, safety, living arrangements, or financial matters, a guardianship may be necessary. It is important to assess their individual needs and consult with legal professionals to determine the best course of action. Locally, in Raleigh, our attorneys can assist in evaluating your situation, providing insights into the guardianship process as defined by North Carolina's legal standards.

What is involved in establishing guardianship for a special needs adult?

Establishing guardianship for a special needs adult involves petitioning the court, providing evidence of the individual's incapacity, and demonstrating the need for a guardian to make decisions on their behalf. The process can be complex, and it is advisable to seek legal guidance to navigate the requirements effectively. Our team in Raleigh offers comprehensive support throughout this process, ensuring adherence to all local legal intricacies and providing support through paperwork and court hearings.

Can special needs trusts be modified once established?

In some circumstances, modifications to a special needs trust may be necessary. Changes in the beneficiary's health, financial situations, or applicable laws might necessitate adjustments to the trust. In Raleigh, any modification to these trusts must comply with both state and federal regulations, and the process typically involves a petition to the court with jurisdiction over the trust. At Oak City Estate Planning, we advise our clients on the possible ramifications of such changes and help ensure that any modifications are executed correctly, safeguarding the beneficiary's eligibility for government assistance and other critical benefits.

What factors affect the cost of setting up a special needs trust in Raleigh?

Setting up a special needs trust involves various factors that can influence the overall cost. The complexity of the trust, the specific needs of the beneficiary, and the involvement of multiple assets can affect the cost of setup. In Raleigh, it's essential to consider local attorney fees, filing costs, and any additional services that might be required to manage and maintain the trust. Working with our firm means you will receive detailed estimates and transparent communication, ensuring that you understand all costs upfront as part of helping you make informed decisions tailored to your family's situation.

Special Needs Support that You Can Count On

At Oak City Estate Planning, we are compassionate to the needs of those with special needs and their families. We understand the inevitable stress that comes with worrying about the future of your loved one who is unable to care for themselves. Our team is ready to give you the peace of mind you and they deserve. Our Raleigh special needs planning lawyer can help you explore the entirety of your options when looking to protect the financial security of your loved one. Beyond just crafting legal documents, we also focus on empowering you with knowledge and strategies tailored to Raleigh's unique landscape, ensuring all options available are considered and the best path forward is chosen for your family's specific circumstances.

    “Plan for the unexpected!”
    “

    It's crucial for everyone, especially those with dependents, to have a will. Planning isn't just for the likely events, but for the unexpected ones.

    ”
    - C.A.
    “Lars is great!”
    Lars is great - he walked us through the process and made sure that we understood each step. He helped create new categories in the planning process that will ensure we provide our family a detailed outline of our wishes. Highly recommend him to anyone looking to start or continue their estate planning journey.
    - W.S
    “Provided peace of mind going forward!”
    My wife and I found working with Lars Kissling to be a productive and enlightening experience. His knowledge of estate planning is extensive. He patiently answered our questions and showed both concern and compassion about our own situation. We recommend Oak City Estate Planning. It is truly an investment in your family's future. I think Lars' services are needed by all, especially for families with small children or those with special needs. The end result is piece of mind going forward.
    - B.B
    “We would highly recommend Lars Kissling to others.”

    My husband and I were very satisfied with the professional advice from Lars. He recently assisted us in updating our estate plan. He led us through a process that provided clarity on our goals for our plan. We would highly recommend Lars Kissling to others.

    - B.K.
    “I am extremely happy with all that Lars has done for me.”
    “He was a great help to me and was very patient to explain all my options, many of which I did not know I had. He also helped me find financial planners which I desperately needed.”
    - Mary M.
    “Lars was very professional and thorough.”
    “The process was easy and we now have a robust estate plan that covers any and all eventualities, protecting both ourselves and our beneficiaries. We highly recommend Lars at Oak City Estate Planning, having done so with friends and colleagues.”
    - Phil B.

Our Simple 4-Step Process

  • 1
    Introduction
    After signing up for a vision meeting, you will watch a video that provides an overview of estate planning.
  • 2
    Vision
    During this meeting, you will meet with Mr. Kissling and discuss your case and specific planning needs.
  • 3
    Design
    The second meeting with the attorney involves sitting with Mr. Kissling and actually putting your plan together.
  • 4
    Signing
    In the third and final meeting, you will review the plan, tie up any loose ends, and sign your finalized plan.

Applying for Essential Government Benefits

Proving that your loved one qualifies for disability benefits can be a protracted and frustrating process filled with bureaucratic roadblocks. Since your loved one often cannot complete the application themselves, a family member will need to help them move through the process.

SSI benefits are a federal program that provides financial assistance to individuals with disabilities who have limited income and resources. If your loved one with special needs is unable to work, they will likely qualify as low-income by default. To receive SSI benefits, you'll also need to demonstrate that your condition meets the federal definition of a qualifying disability.

The SSI application process can be extremely confusing. Stalled and rejected applications can be common, and in these situations, you may need experienced legal assistance in mounting an effective appeal and review. Our Raleigh special needs attorney can guide you and your loved one through the application process and can work to resolve any obstacles that you might encounter in receiving your benefits.

The contradictory reality is that public disability benefits rarely provide enough for an individual to live on, meaning additional support will be necessary. However, it is important to understand that qualifying for SSI and other programs means not exceeding certain income or asset valuation thresholds. This means that directly supporting your loved one with special needs, either through direct financial payments or the provision of assets, can result in their ineligibility and loss of benefits. As a result, targeted estate planning tools are required to avoid endangering government disability support. We pride ourselves on our strategic approaches, which incorporate both legal instruments and understanding of local resources available in Raleigh, ensuring a comprehensive support framework for your loved one.

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