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Serving Virginia, Maryland and the District of Columbia.

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Supplemental Needs Planning

Trusts Designed to Supplement Other Available Resources

Supplemental Needs Trusts (SNTs) are a type of special needs trust. They are specially crafted to comply with American state and federal law and are designed to provide benefits to, and protect the assets of, individuals with physical, psychiatric, or intellectual disabilities and still allow such persons to be qualified for and receive governmental support and health care benefits, including long-term ABD Medicaid benefits.

Congress has recognized the importance of protecting the assets of disabled persons while allowing them to continue to receive their SSI, SSDI, and Medicaid benefits and has specifically authorized the use of SNTs.  These trusts are called “supplemental needs trusts” because the restrictive language in the trust agreement allows the trustee to pay only for the needs of the beneficiary which the government does not pay. 

THIRD-PARTY SUPPLEMENTAL NEEDS TRUSTS

Whenever a client needs to plan in advance for a loved one with special needs, we often guide this person to a Third-Party SNT.  Generally, we work with the parents of an individual with disabilities or special needs to establish a Third-Party SNT, although a grandparent, sibling, or any other person (other than the beneficiary) may establish the SNT.  Third-Party SNTs are designed to protect assets for a disabled child, adult, or senior while allowing them to receive SSI, SSDI, and Medicaid health insurance and long-term care benefits.  Third-Party SNTs are often used to receive an inheritance or personal injury litigation proceeds on behalf of an individual with a disability, in order to allow the person to qualify for government benefits despite their receipt of the settlement.

FIRST-PARTY SUPPLEMENTAL NEEDS TRUSTS

Whenever a client is looking to protect a person with a special need or disability who has already inherited money or property outright or has received a court settlement, we often recommend a First-Party SNT.  This kind of trust can also be useful when a person without a prior disability who owns assets in his or her name and later becomes disabled, needs to qualify for public benefits that have an income or asset limitation.  First-Party SNTs are always carefully crafted to comply not only with complicated federal law but also with rigorous state-specific regulations. First-party SNTs are commonly referred to as self-settled SNTs, Medicaid payback trusts, and d4A or d4C trusts.

OUR INNOVATIVE SECURE ACT SUPPLEMENTAL NEEDS TRUSTS

On January 1, 2020, the SECURE Act went into effect.  With the SECURE Act, Congress generally repealed the ability of children to inherit a parent’s Qualified Retirement Account, like an IRA, 401(k), or 403(b), and “stretch” the inheritance over a lifetime.  Instead, except in the case of spouses and a few other very limited circumstances, all retirement plan assets must be distributed, and all taxes paid, within 10 years of the death of the plan participant.  Fortunately, Congress accepted the advice of the National Academy of Elder Law Attorneys, a national advocacy organization for the elderly and those with special needs, to make an exception to the new rule for those who are disabled or chronically ill.

While this last-minute change does preserve the “stretch” for disabled and chronically ill children, it does nothing to automatically guarantee that retirement plans to be inherited will not disqualify those same beneficiaries from their other government benefits like SSI and Medicaid.  On the other hand, traditional Third-Party SNTs don’t meet the stringent requirements to allow a lifetime “stretch.” 

The Legacy Elder Law Center has solved the problem, however, with our “SECURE” Supplemental Needs Trust.  This innovative and unique trust planning tool preserves the “stretch” on inherited retirement accounts for disabled and chronically ill individuals while simultaneously preventing those funds from meeting the definition of “countable resources” that would cause the beneficiary to lose their critical governmental benefits.  And all of this is done with a tool that allows for responsible management of trust assets for those who need assistance.

“They help good people through difficult times…”

Online Reviews

They were very accommodating and pleasant. Highly recommend.
This consultation was very informative and helpful. I look forward to working with your group! I'll be in touch to set up an appointment.
Response from the owner: Nell, Thank you for taking the time to leave us feedback. We look forward to assisting you shortly!
Excellent info; listened well to needs and concerns. Knowledgeable and respectful with a dose of empathy.
Response from the owner: Hi Lloyd, Thank you so much for the kind words! We're glad to hear you felt heard, respected, and supported. Providing knowledgeable guidance with empathy is exactly what we strive for. Please don’t hesitate to reach out if we can help further.
Legacy Law was incredible and I look forward to working with them in the future!
Response from the owner: Hi Ashley, thank you for taking the time to leave us this review. We look forward to assisting you.
Very good meeting! Rory handled all the questions my son had and was very patient. We are excited to execute the plan!
Response from the owner: Thank you so much for your kind words! We're thrilled to hear that Rory was able to answer all your son's questions and make the meeting a positive experience. We’re excited to move forward with the plan alongside you—please don’t hesitate to reach out if anything else comes up!
Very informative and professional
Response from the owner: Thank you taking the time to leave us a review. We look forward to assisting you in the future.
Awesome Service
Response from the owner: Hi Stephen, Thank you so much for the kind words! We're thrilled to hear you had an awesome experience. If you ever need anything else, we’re just a call or click away!
Extremely professional and knowledgeable! Listened to my needs and provided very efficient and effective counsel!!!
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Very helpful, knowledgeable and professional.
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Special Needs Planning

Legacy Elder Law Center’s ability to listen to you, map out a financial strategy and follow through with expert planning and advocacy is invaluable in securing your family’s financial future no matter what event comes along down the road.

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Brittain73
Just had a free consultation call with them. They were incredibly thorough in the initial call and covered all of my concerns. Highly recommend using them, also were very straightforward on pricing which was a relief!
Carlton Conley
My consultation with Emily was very pleasant and informative. We look forward to working with her.
Alan Whitt
They answered all of questions in detail.Very knowledgeable.
Karen Tid
Emily is super and upbeat. I told of her the very hard issues of foreclosure and she gave me an assurance that it could be stopped. Since there is no money available until the 1st, she recommended a Free source. I called that number but unlike Legacy Elder Law Center, those phones aren't manned and no one ever called back.It's refreshing to have an upfront legal team who explained cost upfront. I recommend them highly. Your questions, calls, answers, and upfront expense are important and she addressed them quickly and amicably without judgement. Additionally called a day ahead of what I expected. She was sharp, fresh, and ready to go.Give them a call and trust their knowledge because I'd already done some research and she was spot on about the fees and their fee is fair. Great team!
Rosalie Wallace
EMILY WAS TRULY VERY HELPFUL ON TIME PHONE CONSULTATION I AM GOING TO HIRE THEM FOR I BELIEVE THEY WILL BE FOR MY BEST INTERESTS LOOK AY THEIR REVIEWS VERY REMARKABLE
nell fagan
This consultation was very informative and helpful. I look forward to working with your group! I'll be in touch to set up an appointment.
Chris Johnson
Emily was very helpful and informative. She took a huge weight off my shoulders.
Lisa Freire
This team has done nothing but work to help me. They have been confidantes, therapists, and obviously legal experts. They have taken a potentially disastrous situation and turned it around in a flash and explained all of my options at each stage of the process. I could not be happier with their work. We're not done yet and there are still some hurdles to jump but without them I really would be up the creek without a paddle.Thank you Leann, Rachael, Eliz, Rory and the rest for your patience, expertise, and kindness. Worth every penny.
Jet Lobster007
It was very enlightening.
Pamela Finster
It has been my pleasure to know and work with Attorney RoryClark and the staff of The Legacy Elder Law Center for the past six years. They have assisted me with the complexity of helping my parents create their irrevocable trust. With Rory's expertise and guidance, the entire family feels that our parents' financial future is secure. My thanks to all for making this experience so easy and allaying our fears.
Daniel Villalobos
Answered all my questions and looking forward to work with yall
reginald melvin
Extremely professional and knowledgeable! Listened to my needs and provided very efficient and effective counsel!!!
Tricia Devlin
Needed some questions about probate answered. Emily was extremely knowledgeable, helpful and kind with my situation over the phone. (Wow, I didn't even have to drive into town for a free consult) Don't hesitate to use their practice if you need this type of information. I know this is Emily's job, but she made me feel confident to proceed with my actions and if I could I would give her more than five stars for how she spoke and treated me. Excellent experience. Thank you Emily!
Andy White
Professional, patient, and available to help us understand and use trust law to protect family assets while using Medicare to pay costs for institutionalization of one of us if needed. Kathy and Chandler were always available to answer questions to help with our execution of their very valuable legal strategy for elder care.
Captain Tightpants
Very helpful and informative. Excellent and friendly staff as well!
Kristy Howell
Was very helpful and knowledgeable and gave me alot of good advice on how to handle my father's estate and I was very happy with the help I received through just one phone call
Spring Bartley
Legacy Elder Law Center has been exceptionally professional and understanding throughout my grief and loss and my legal worries
George VanTassel
Always professional and courteous. The team answers all of our questions despite our naïveté in this area of the law. I highly recommend Rory and Kathleen to handle these life changing decisions!
Emily Wanchisn
Handles things professionally and a pleasure to work with.
Alexis Guirand
Emily Wanchisn has been very helpful. I appreciate her time & directions on how I should proceed with my probate issues. I will follow through & keep her informed on the outcome so she can direct or redirect me accordingly. I am grateful for her legal knowledge. The Legal Elder Law Center is recommended to all requiring this type of assistance.
Barbara McMillan
Very helpful and informative!
Tamara Fleming
I appreciate the support you all provided me after losing my mother, in January 2024. Your team gave the information that allowed for me to make a difficult decision based on what was in my best interest. You all were even kind of enough refund my retainer fee. Grateful for your service.- Douglas Fleming
robin boniface
Very good meeting! Rory handled all the questions my son had and was very patient. We are excited to execute the plan!
Samuel Krislov
The Legacy Elder Law Center is just what we have been looking for: a place where people genuinely serve those who are elderly and protect them from the vagaries of old age and worry. Judy and i are both at ease as we go through the process of securing our needs and those of our loved ones. We recommend them highly. Their work is invaluable.
Adrienne M
Very informative and professional
Corque Board
Great start looking forward to getting to work
Joe
They are an honest and reputable organization. I would recommend them to anyone that needs probate services in Virginia. They will look into every detail and give you an honest response to your questions. Racheal was awesome. Call them if you need their services.
Charles Price II
yo! these people are awesome! and Eliz is the best. Talk about being thorough, communicative, and wanting to put you in the best situation based upon where you are and where you are looking to go. I've been recommending them around to all my friends because I know how important this stuff is. And for them to offer the comprehensive help they do and aid to ensure you understand is well worth it!
Lloyd Calderon
Excellent info; listened well to needs and concerns. Knowledgeable and respectful with a dose of empathy.
Robert Keller
They were very accommodating and pleasant. Highly recommend.
Lauren Penman-Garcia
Very helpful, knowledgeable and professional.
Ashley Funk
Legacy Law was incredible and I look forward to working with them in the future!
Kurush Safikhani
THANK YOU SOOOO MUCH !!!!!I had the pleasure of speaking to Emily Wanchisn. At the Legacy Elder Law Center. Emily was kind, compassionate, understanding, and informative. Just to name a few. She was willing to listen to everything I needed to tell her. And honestly, I realize now. I told her ridiculous intricate details. I am so sorry Emily. But, regardless. Emily kept a smile on her face and mine throughout. Even though, it's extremely hard for me to discuss this situation due to ALL my health problems. And, I also get very emotional. I somehow with her help, kept a balance and got it done with a smile. I was soooo much happier at the end of the meeting. She went out of her way to help me. In way more than one way. This entire experience was honestly emotionally uplifting. I am starting to feel better and think different. I did not think that any of this was possible!!! She knew everything!! LITERALLY!! There was nothing that I needed to know when I hung up. I have endless questions, ALWAYS!!So, my only question is.....................WHY HAVENT YOU CALLED THEM YET?
Carol Haggerty
Our work with Kathleen was very enlightening and reassuring. She answered so many questions and eased our worries about securing our accounts for our children - all with grace and professional caring.
Gary Foster
Kath and others worked very professionally to help meet my expressed objectives and add other elements of fiscal security.I have shared my plan with my family members, who were able to understand it and any roles they may fill in its application. Top flight practice.
Vita Russotto
Ms. Elizabeth Clark was a pleasure to speak with. She made me feel like I Was right at home. I look forward to working with her.
Beatrice Ashford
We were very pleased with the advice given to us in preparation of our trusts. Our lawyer, Kathy Limjocco, was very patient in answering all our questions.
Carmela Hutto-Kirby
Emily , shared from her heart , she was deeply concerned and invested in my situation. Listening with true compassion the advice she gave me was not to get me as a client but to help me to have peace , to move on to the next step .I just lost my Step mom have a brother trying to take advantage of the money in the trust.She was invested in our time together. Thankyou for her need more people like her in this selfish world ❤️
Stephen A. Vaughan
Awesome Service
Marty Carpenter
I called the firm regarding some issues I was having with my father’s will. Eileen O’Leary went above and beyond to get me the answers I needed. I would highly recommend Legacy Elder Law Center.
Marie Bailey
Emily, was very helpful to me and took the time, to explain the path that I needed to take, in order to move ahead, with my issue. She gave me, some much needed, peace of mind. Thanks again.
Brian Burns
We received great advice on planning for the future and protecting assets by setting up a trust, will, and AMD. Loved working with Rory, Kathy and the whole team.
john doee
Very helpful and understanding
Edwin Allen
We greatly appreciate the assistance provided Liz with our elder care challenge. She responded quickly and provided excellent advice. Thank you!
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