Planning for a loved one with a disability often means balancing two important goals: providing long-term financial support while protecting access to valuable government benefits. A properly drafted special needs trust can help accomplish both. At Buhrer Law Firm, we help families in Metairie, Jefferson Parish, New Orleans, and surrounding communities create and fund special needs trusts as part of a comprehensive estate plan. Since 1986, Attorney R. Scott Buhrer has helped Louisiana families develop estate plans that reflect their unique circumstances. If you want to provide for a child, spouse, sibling, or other loved one with special needs, we can help you create a trust that protects both your legacy and your loved one’s future.

Why Choose Buhrer Law Firm for a Special Needs Trust?

When you choose Buhrer Law Firm, you work directly with Attorney R. Scott Buhrer and receive an estate plan built around your family’s circumstances. We offer:

  • More than 35 years of experience helping Louisiana families with estate planning and succession matters
  • Direct guidance from Attorney R. Scott Buhrer throughout the planning process
  • An AV Preeminent® rating from Martindale-Hubbell for professional excellence and ethics
  • A J.D. and MBA from Tulane University, providing insight when trusts must be coordinated with businesses, retirement assets, or other complex estate planning issues
  • Estate plans that integrate special needs trusts with wills, beneficiary designations, and other planning documents

What Is a Special Needs Trust?

A special needs trust is a legal arrangement that holds assets for the benefit of a person with a disability without placing those assets directly in the beneficiary’s name. When properly drafted and administered, the assets generally are not counted toward the financial limits for certain needs-based public benefits.

The trustee manages the trust and may use its assets to enhance the beneficiary’s quality of life by paying for expenses such as therapy, education, adaptive equipment, transportation, personal care, and recreation. The trust is intended to supplement government benefits rather than replace them.

Most families use either a third-party or first-party special needs trust, although pooled trusts may also be appropriate in certain situations.

Third-Party Special Needs Trusts

A third-party special needs trust is funded with assets belonging to parents, grandparents, or other loved ones. It allows family members to leave an inheritance without making a direct gift that could affect eligibility for certain public benefits.

First-Party Special Needs Trusts

A first-party special needs trust is funded with assets that already belong to the individual with a disability, often after a personal injury settlement or an inheritance received without advance planning. These trusts are subject to additional federal requirements.

We will recommend the trust structure that best fits your family’s circumstances.

How Does Louisiana Forced Heirship Affect Special Needs Planning?

Louisiana’s estate laws differ from those of most other states. A child of any age who is permanently unable to care for themselves or manage their own affairs because of a mental or physical disability may qualify as a forced heir under Louisiana law.

Fortunately, Louisiana allows a forced heir’s required share of an estate to be placed in trust under certain circumstances. A properly drafted special needs trust can help satisfy Louisiana’s forced heirship rules while also supporting continued eligibility for certain public benefits.

When Should You Create a Special Needs Trust?

The best time to establish a special needs trust is before assets are transferred to your loved one. Planning ahead gives family members a place to direct inheritances, life insurance proceeds, settlements, or other gifts without unintentionally affecting benefit eligibility.

Creating the trust before those assets are received generally provides more flexibility than trying to address benefit issues afterward.

How Does a Special Needs Trust Fit Into Your Estate Plan?

A special needs trust should be coordinated with your will, beneficiary designations, retirement accounts, life insurance policies, and other estate planning documents. Proper funding is just as important as creating the trust itself because assets generally should pass into the trust rather than directly to the beneficiary.

Trustees should also understand how distributions affect public benefits. For example, certain payments for food or shelter may reduce SSI benefits if they are not handled correctly.

Speak With a Metairie Special Needs Trust Attorney

Planning for a loved one with special needs requires an estate plan that accounts for both Louisiana law and the rules governing public benefits. Since 1986, Buhrer Law Firm has helped families throughout Metairie, Jefferson Parish, and the New Orleans area create special needs trusts tailored to their goals. Contact us today to schedule a consultation and discuss the right plan for your family.

Frequently Asked Questions

Who should serve as trustee?

Choose someone who is financially responsible, willing to follow the trust’s terms, and familiar with the beneficiary’s long-term needs. Depending on the circumstances, a trusted family member, professional fiduciary, or corporate trustee may be appropriate.

Can grandparents or other relatives leave gifts to the trust?

Rather than making gifts directly to the beneficiary, family members can generally leave inheritances or other assets to a properly drafted third-party special needs trust. This helps keep the estate plan coordinated and may reduce the risk of affecting benefit eligibility.

Can an ABLE account replace a special needs trust?

Usually not. While ABLE accounts can complement a special needs trust, they have eligibility and contribution limits. Many families benefit from using both.

What if my family moves to Louisiana with a trust created in another state?

An out-of-state trust may still be valid, but Louisiana’s trust laws and forced heirship rules may affect how it fits into your estate plan. We can review your existing documents and recommend any updates that may be appropriate.

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Special Needs Trusts

Planning for a loved one with a disability often means balancing two important goals: providing long-term financial support while protecting access to valuable government benefits. A properly drafted special needs trust can help accomplish both. At Buhrer Law Firm, we help families in Metairie, Jefferson Parish, New Orleans, and surrounding communities create and fund special needs trusts as part of a comprehensive estate plan. Since 1986, Attorney R. Scott Buhrer has helped Louisiana families develop estate plans that reflect their unique circumstances. If you want to provide for a child, spouse, sibling, or other loved one with special needs, we can help you create a trust that protects both your legacy and your loved one’s future.

Why Choose Buhrer Law Firm for a Special Needs Trust?

When you choose Buhrer Law Firm, you work directly with Attorney R. Scott Buhrer and receive an estate plan built around your family’s circumstances. We offer:

  • More than 35 years of experience helping Louisiana families with estate planning and succession matters
  • Direct guidance from Attorney R. Scott Buhrer throughout the planning process
  • An AV Preeminent® rating from Martindale-Hubbell for professional excellence and ethics
  • A J.D. and MBA from Tulane University, providing insight when trusts must be coordinated with businesses, retirement assets, or other complex estate planning issues
  • Estate plans that integrate special needs trusts with wills, beneficiary designations, and other planning documents

What Is a Special Needs Trust?

A special needs trust is a legal arrangement that holds assets for the benefit of a person with a disability without placing those assets directly in the beneficiary’s name. When properly drafted and administered, the assets generally are not counted toward the financial limits for certain needs-based public benefits.

The trustee manages the trust and may use its assets to enhance the beneficiary’s quality of life by paying for expenses such as therapy, education, adaptive equipment, transportation, personal care, and recreation. The trust is intended to supplement government benefits rather than replace them.

Most families use either a third-party or first-party special needs trust, although pooled trusts may also be appropriate in certain situations.

Third-Party Special Needs Trusts

A third-party special needs trust is funded with assets belonging to parents, grandparents, or other loved ones. It allows family members to leave an inheritance without making a direct gift that could affect eligibility for certain public benefits.

First-Party Special Needs Trusts

A first-party special needs trust is funded with assets that already belong to the individual with a disability, often after a personal injury settlement or an inheritance received without advance planning. These trusts are subject to additional federal requirements.

We will recommend the trust structure that best fits your family’s circumstances.

How Does Louisiana Forced Heirship Affect Special Needs Planning?

Louisiana’s estate laws differ from those of most other states. A child of any age who is permanently unable to care for themselves or manage their own affairs because of a mental or physical disability may qualify as a forced heir under Louisiana law.

Fortunately, Louisiana allows a forced heir’s required share of an estate to be placed in trust under certain circumstances. A properly drafted special needs trust can help satisfy Louisiana’s forced heirship rules while also supporting continued eligibility for certain public benefits.

When Should You Create a Special Needs Trust?

The best time to establish a special needs trust is before assets are transferred to your loved one. Planning ahead gives family members a place to direct inheritances, life insurance proceeds, settlements, or other gifts without unintentionally affecting benefit eligibility.

Creating the trust before those assets are received generally provides more flexibility than trying to address benefit issues afterward.

How Does a Special Needs Trust Fit Into Your Estate Plan?

A special needs trust should be coordinated with your will, beneficiary designations, retirement accounts, life insurance policies, and other estate planning documents. Proper funding is just as important as creating the trust itself because assets generally should pass into the trust rather than directly to the beneficiary.

Trustees should also understand how distributions affect public benefits. For example, certain payments for food or shelter may reduce SSI benefits if they are not handled correctly.

Speak With a Metairie Special Needs Trust Attorney

Planning for a loved one with special needs requires an estate plan that accounts for both Louisiana law and the rules governing public benefits. Since 1986, Buhrer Law Firm has helped families throughout Metairie, Jefferson Parish, and the New Orleans area create special needs trusts tailored to their goals. Contact us today to schedule a consultation and discuss the right plan for your family.

Frequently Asked Questions

Who should serve as trustee?

Choose someone who is financially responsible, willing to follow the trust’s terms, and familiar with the beneficiary’s long-term needs. Depending on the circumstances, a trusted family member, professional fiduciary, or corporate trustee may be appropriate.

Can grandparents or other relatives leave gifts to the trust?

Rather than making gifts directly to the beneficiary, family members can generally leave inheritances or other assets to a properly drafted third-party special needs trust. This helps keep the estate plan coordinated and may reduce the risk of affecting benefit eligibility.

Can an ABLE account replace a special needs trust?

Usually not. While ABLE accounts can complement a special needs trust, they have eligibility and contribution limits. Many families benefit from using both.

What if my family moves to Louisiana with a trust created in another state?

An out-of-state trust may still be valid, but Louisiana’s trust laws and forced heirship rules may affect how it fits into your estate plan. We can review your existing documents and recommend any updates that may be appropriate.