Special Needs Trust Attorney in Raleigh, NC
Protect an Inheritance Without Jeopardizing the Benefits Your Loved One Depends On
If you have a loved one with a disability, leaving them money isn’t as simple as naming them in your will. Some government benefits are means-tested, so a direct inheritance can unintentionally cost your loved one the very support you’re trying to protect.
A properly structured Special Needs Trust lets you leave assets for someone’s benefit without those assets counting against their eligibility for programs like SSI and Medicaid.
Erin Baker Edgar grew up totally blind and brings that lived understanding of independence and advocacy to every trust she builds — protecting the assets without limiting the person.
Special Needs Trust FAQ
What is a Special Needs Trust?
A legal arrangement where a trustee holds and manages assets for a person with a disability, instead of giving that person direct, unrestricted ownership. Done correctly, it can preserve eligibility for means-tested benefits while still improving the beneficiary’s quality of life.
What's the difference between a third-party and a first-party trust?
A third-party trust is funded with someone else’s money — typically a parent’s or grandparent’s — as part of their estate plan. A first-party trust holds assets that already belong to the person with a disability, such as a settlement or a direct inheritance, and comes with additional requirements, including Medicaid repayment after the beneficiary’s death. The two are not interchangeable.
What can a Special Needs Trust pay for?
A wide range of expenses that improve quality of life — things like education, transportation, technology, personal care, recreation, and therapies not otherwise covered. Payments toward food or shelter need extra care, since they can interact with SSI rules.
Will a trust automatically protect SSI and Medicaid?
No trust guarantees an automatic result. The effect depends on how it’s structured, funded, and administered — which is why the details matter more than the label “Special Needs Trust.”
Who should be trustee?
Someone financially responsible, organized, and capable of separating their own interests from the beneficiary’s — not necessarily the person who loves your child most. Love and financial competence are both important, and they aren’t always the same person.
Can a sibling serve as trustee?
Often, yes — but it deserves a real conversation about their willingness, financial skills, and ability to serve for potentially decades, plus a plan for who succeeds them.
Does the trustee have to be a family member?
No. Depending on the family’s needs, a professional or corporate trustee can be the right choice, either alone or alongside a family member.
Does a Special Needs Trust replace an ABLE account?
No — they serve different purposes and often work well together. See ABLE Accounts in North Carolina for how the two typically pair up.
When should we start?
Before you think you need to. Planning before an inheritance happens is far easier than untangling one afterward.
For High-Net-Worth and Business-Owning Families
Larger estates and closely held businesses add real complexity — trustee succession over decades, business valuation, and coordinating a Special Needs Trust with other beneficiaries’ inheritances. This is exactly the kind of situation worth a direct conversation rather than a general answer here.
Contact Special Needs Trust Attorney in Raleigh, NC
Legal Disclaimer: This page provides general educational information and is not legal advice. Special Needs Trusts, SSI, Medicaid, ABLE accounts, and estate planning are governed by detailed federal and state rules that can change and may apply differently depending on individual circumstances. Consult a qualified attorney regarding your specific situation.