Third Party SNT

Third-Party Special Needs Trust Attorney

Provide Financial Support for a Child or Grandchild in Your Life

If you’re a parent or a grandparent to someone living with special needs, you’re probably aware of how consumed daily life can be with physical care, love, and emotional support – not to mention other forms of enrichment that can strengthen family bonds. When a spare moment finds you, you may find yourself fretting about the child’s future and how they will be able to afford continued care when you’re gone.

A third-party special needs trust attorney in Walnut Creek from The Feldman Law Group can help you plan for the future so your loved one will one day be able to comfortably afford housing, education, living allowances, and more without sacrificing their eligibility for government benefits that also provide such amenities in life. We have worked with clients in matters like this for more than 35 years throughout Alameda County, and we’re ready to help you create a course of action that will secure the financial future or your child or grandchild.

Can Creditors Claim Funds Held in This Type of Trust?

Funds and property in this trust are titled to the trust. This means that a beneficiary’s creditors can seek repayment through the trust’s assets or by placing liens on properties titled to the trust.

Contact The Feldman Law Group by reaching out to us online or calling (925) 208-4543.




How Does a Third-Party Special Needs Trust Work?

This type of trust is named because there are generally three parties involved: the grantor, the trustee, and one or more beneficiaries. The trust can be funded with cash, stocks, property, and other assets and are made available for the benefit of the beneficiary. The trust itself holds legal title to these things, however, which avoids income triggers that could otherwise cost a beneficiary their eligibility for government benefits.

The trustee’s role in all of this is to manage the trust’s assets, which can include investing assets or liquidating them to afford the beneficiary’s housing, education, travel, and other qualified uses of the trust. When investments generate income, it benefits the beneficiary without counting as their actual personal income.

What Happens to Leftover Funds?

The beneficiary will eventually pass away, as we all will, but what happens to the remaining assets and properties held by their third-party special needs trust? If the trustee or trust itself names a successor beneficiary – such as a child or sibling of the deceased beneficiary – the remaining assets can exist for their benefit.

Because the trust is not part of the beneficiary’s estate, it cannot be claimed by creditors or taxed as estate property upon death. Another important consideration is that this type of trust doesn’t permit the government to seek repayment for government benefits the deceased used during life.

If you need help from a third-party special needs trust attorney in Walnut Creek, reach out to The Feldman Law Group online or by calling us at (925) 208-4543.

Begin Planning Today!

Whether you’re building a simple estate plan or one that’s more complex and require accounting for those with special needs, we can help.

Our Reviews

Hear From Families We’ve Helped
  • “He actually visited my mother in her care home to get the necessary signatures for me to be able to proudly take care of my dying parent.”

    - Karen H.
  • “The Feldman Law Group was responsive, covered all options and had an excellent staff.”

    - Clay C.
  • “I especially appreciate Mr. Feldman coming to us when we could not come to him and he remained available when I had questions.”

    - Gail B.
Sincerely Invested in Our Community

Our deep roots in the community extends far and wide from volunteering as mediators at the Contra Costa Bar Association and sponsoring organizations like the Down Syndrome Connection, Morgan Autism Center, Special Kids Foundation.

Schedule A Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.