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Serving Virginia, Maryland and the District of Columbia.

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Special Needs Planning

Special 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

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.
Response from the owner: Thank you so much for your kind words and for taking the time to leave this wonderful review! We are thrilled to hear about your positive experience with our team. Leann, Rachael, Eliz, Rory, and the rest of the team are all delighted to know that their hard work and dedication have made a significant difference.Your feedback not only motivates us but also helps in fostering a supportive atmosphere for every client who comes our way. We appreciate your trust in us during this crucial time and are committed to continuing our journey together, overcoming any hurdles that come our way.Thank you once again for choosing us and for your acknowledgment of the value of our service. We look forward to achieving more milestones together!
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.
Response from the owner: Thank you so much for your kind words! We're delighted to hear that you had a positive experience working with Rory, Kathy, and the rest of our team. It's wonderful to know that you feel more secure about your future and your asset protection. We're here whenever you need us and look forward to serving you again. All the best!
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.
Response from the owner: Thank you so much for sharing your positive experience with Emily. We're delighted to hear that she was able to guide you through your situation with care and clarity. Providing peace of mind to our clients is something we strive for, and it's heartening to know Emily played a pivotal role in achieving that for you.Your appreciation means a lot to us, and we'll be sure to pass your kind words on to Emily. Remember, we're here to support you whenever you need us. Thank you once again for your trust and feedback.
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
Response from the owner: Thank you so much for taking the time to share your experience with us. We understand how challenging the period after losing a loved one can be, and it was our utmost priority to provide you with the support and information you needed to make the best decisions during such a difficult time.
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
Response from the owner: Thank you for this fantastic review!
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
Response from the owner: Thanks for this great review, Kristy!
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!
Response from the owner: Karen, thanks for taking the time to leave us this amazing and very detailed review. We really appreciate it.
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.
Response from the owner: Thank you for these kind words, Joe!
It was very enlightening.
Response from the owner: Thank you!
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Special Needs Planning
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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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Emily Wanchisn
Handles things professionally and a pleasure to work with.
Jeff Wolf
Stepping into a situation for which I had no preparation, the people were so patient and kind, showing me step by step what was needed, what they were going to do, and what I needed to do. Never, in this confusing process, did I feel alone in the unfamiliar territory.
Harvey Vandenburg
Legacy Elder Law demonstrated great expertise in helping us set up our estate plan. We now feel confident facing the uncertainties of the future. Strongly recommended! HV
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.
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
Fred Clark
Very knowledgeable and I feel confident following their adviceFred
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.
Maria Patterson
“The Legacy Elder Law Center provides what I call excellent customer service above and beyond and I want to express my gratitude for their assistance with settling my affairs.My lawyer, Ms. Kathleen Limjoco took very good care of me. She worked with me to get my affairs in order. She was accommodating, explaining available options and provided tailored service specific to my needs. How great is that! She went above and beyond expectations and assisted with the implementation of the trust documents. She definitely went the extra mile by working up a detailed spread sheet that allowed me to lodge all required documents, make required changes to existing documents and complete all required financial transactions with ease.The service didn’t end there: I was invited to attend a monthly Lunch ‘n Learn Webinar hosted by Mr. Rory Clark. I am especially grateful for Mr. Clark taking the time out of his busy schedule to share his expertise and personally presenting the monthly webinars. I really appreciate his fun and fact-filled presentations. There is never a dull or boring moment and best of all is the fact that I gain some valuable information. “Thank you” just doesn’t express my gratitude for these monthly information sessions. I appreciate and enjoy the service very much.However, it doesn’t end there. I am also offered a yearly review to keep my affairs in order and have an opportunity to update my documents if necessary.That's what I call excellent customer service above and beyond! I am thrilled about the excellent service I received! Mr. Clark as well as Ms. Limjoco are amazing at what they do! I want to thank to the Clark Firm and the Legacy Elder Law Center for the A+ service.”
Corque Board
Great start looking forward to getting to work
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.
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.
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.
Jet Lobster007
It was very enlightening.
Daniel Villalobos
Answered all my questions and looking forward to work with yall
Barbara McMillan
Very helpful and informative!
Marilyn Williams
I can’t say enough about the professional help and support I received from the team at Legacy Elder Law Center.It was a daunting task trying to navigate the many issues surrounding my moms care, but Legacy Elder Law could not have been more helpful and understanding . They worked with me over several months and never faltered in their efforts to give me the assistance I needed.Thank You!
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
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.
Erica Young
I worked with Rory and Jennifer when settling my father’s estate. It was an overwhelming job for me but the team at Legacy Elder Law was a lifesaver. I worked closely with Jennifer and I can’t say enough about her professionalism and attention to detail. The law firm was recommended to me and I would recommend them to anyone else as well. I plan to use them again in the future for my own estate planning.
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?
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 ❤️
Alan Whitt
They answered all of questions in detail.Very knowledgeable.
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.
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.
David Perkins
Knowing nothing about the law regarding protection of financial assets from government seizure to satisfy judgments stemming from tax, Medicaid, or other matters, I could rely only on my observations of Att. Rory Clark (heard one of his lectures on veteran benefits often unknown or unclaimed) and the veracity of the firm's advertising and promotion material.As I worked with staff in initial contacts, I applied my critical thinking and research skills to their explanations, suggestions, and proposals--and consequently became more confident that I was dealing with competent, experienced, and honest people. Related documents were prepared in timely fashion and I was given sufficient time to review and ask questions about the contents and revisions, when agreed upon, were made promptly,As the cliche goes, the "proof is in the pudding," but I am comfortable with the outcomes of our dealings. Each client, I suggest, must use appropriate knowledge, experience, and apply careful and critical thinking as explanations and proposed solutions to identified problems are put forward.The Clark firm is easy to work with to accommodate and remedy client ignorance (as with me) and concerns.
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!
Mark Berry
Rory helped give a 360 view on implications, possibilities, potential courses of action - and closed our discussion with very pragmatic advice - after my father’s death in January.
Spring Bartley
Legacy Elder Law Center has been exceptionally professional and understanding throughout my grief and loss and my legal worries
Bill Viney
The Legacy Elder Law Center was through and they explained the process so it was easy to understand.
Bunny Tigerman
Very patient and professional.
john doee
Very helpful and understanding
Laura Clancy
Rory's firm was recommended to me by another respected attorney. From the time I made the first phone call, I felt a huge sense of relief. With the firm's holistic approach, my loved one and I feel cared for and heard. The entire team works diligently to ensure that the very complicated subject of Elder Law is handled with the best outcome for their clients. In addition, with the launch of their Guide Wise Care, I know that I have an professional advocate on my side. I am grateful.
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
London Steverson
We had a Living Trust, but it made no provisions for Skilled Nursing Care and other Old Age Services. Also, we had two burial plots in California that we wanted as our final resting place. Our Pour Over Will was not definitive enough concerning our children and grandchildren. So, for $12,000.00, we saw this an an excellent opportunity to cure these defects in Estate Planning. Rory is The Expert in this field and he has a staff off veteran and novice clerks to get it done. We are thoroughly satisfied with their service and response time. We feel we are prepared to face any uncertainty in the Future concerning medical care, spousal financial services, preservation of family wealth, and manage of income. I feel confident that my End Time worries have been provided for, my Surviving Spouse will be cared for, and my children will have sufficient assets to get them started in Life in case of an unforeseen catastrophe. Rory has thought of and provided for every possible contingency.
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.
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!
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!
Shannon Skousgaard
Legacy Elder Law provided us with excellent, compassionate, and comprehensive service. Approaching topics concerning care for our family, our own heath and welfare in old age, and fulfilling our duties to and desires for heirs, have been daunting and unsetting. We had had wills and powers of attorney drawn years ago. Knowing we needed updating my husband, Stephen who had career in financial planning, began looking for an attorney he thought would go beyond the formulaic. Fortunately after several seminars and contacts from his previous career, we attended their seminar.After watching a sibling care for an aged parent and exhaust his resources, we knew we needed to address that possibility for our children, we learned there was much more than wills and living trusts, etc. We took an initial one hour free exploratory session. Not only did Rory, he goes by that name, spend more time with us to delve into some personal needs of ours, he truly grasped who we are, what makes us who we are. We knew we had hit the jackpot. A career trying to give that kind of service gave Stephen complete confidence.Over several more sessions and several drafts, Rory and his team really did tailor legal documents which put our minds at rest. We appreciate their compassion and thoroughness. All of our contacts have been pleasant, and everyone was considerate and made us feel more like guests than clients. After two years we have found the firm very helpful when we had questions. They have reviewed with us our needs and enabled us to understand all the proper procedures we need to follow.We have recommended Legacy Elder Law to friends. That alone testifies to our complete confidence. And that confidence is bolstered by the effusive gratitude friends have given to us.The Skousgaard family enthusiastically recommends that you visit them. You owe it to yourselves.
Elsa Willis
Legacy Elder Law Center worked patiently with us making every effort to explain all the questions we asked while we were in the process of setting up our legal accounts. The above four qualities describe the Legacy Law Center to a “T” and more!
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