Trusted special needs trust lawyers serving families across Bellevue and the surrounding Eastside.
If you're planning for a child or family member with a disability in Bellevue, a well-structured plan must address far more than inheritance. It requires careful coordination of lifelong care, government benefits, and sound asset management. A Bellevue, WA special needs trust lawyer at Eastside Estate Planning can build a trust that provides for your loved one without jeopardizing the benefits they depend on.
Our founder, Robert Franco, brings more than 10 years of estate planning experience, including 7 years focused on special needs trusts. Schedule a free consultation to get started.
Special Needs Trust Lawyer Bellevue, WA
Special needs trusts are designed to hold money or property for a person with a disability without disqualifying them from means-tested government programs. Benefits like Supplemental Security Income and Medicaid have strict financial limits. A direct inheritance, even a modest one, can push a beneficiary over those limits and cut off the support they depend on.
A properly drafted special needs trust avoids that outcome. The trustee holds and manages the assets, then uses them to supplement what public benefits do not cover. Therapy, education, recreation, travel, and personal care can all be paid for through the trust. The beneficiary keeps their benefits, and the family's money does what it was meant to do.
Types of Special Needs Trust Cases We Handle in Bellevue
Every family's situation is different, and the right trust depends on whose money is funding it, the beneficiary's age and benefits, and who will serve as trustee. Our Bellevue special needs trust attorney handles the full range of these matters for individuals and married couples.
- Third-party special needs trusts. These are funded with assets belonging to someone other than the beneficiary, usually parents or grandparents planning an inheritance. We draft them as part of a broader plan so gifts and bequests flow into the trust rather than directly to your loved one.
- First-party special needs trusts. When the beneficiary's own assets are involved, such as a settlement or an inheritance received outright, a first-party trust may preserve eligibility. These trusts must satisfy strict federal requirements, including provisions for repaying the state after the beneficiary's death, so careful drafting matters.
- Pooled trust guidance. Nonprofit organizations administer pooled trusts that combine accounts for many beneficiaries. We help families decide whether a pooled trust or a stand-alone trust better fits their circumstances.
- Trust funding and beneficiary designations. A trust only works if assets actually reach it. We coordinate retirement accounts, life insurance, and other beneficiary designations so nothing passes to your loved one outright by mistake.
- ABLE account coordination. Many plans pair a trust with an ABLE account, a savings tool described in IRS guidance that lets eligible individuals hold funds for disability-related expenses. We explain how ABLE accounts and special needs trusts work together.
- Trustee selection and instruction. Choosing the right trustee is one of the most consequential decisions in this process. We walk families through the duties involved and discuss when a corporate trustee makes sense.
- Reviews and updates. Benefits rules and family circumstances change. We review existing special needs trusts and amend documents when the law or your life requires it.
Why Choose Eastside Estate Planning as my Special Needs Trust Lawyer in Bellevue, WA?
Tax and Estate Planning Credentials
Special needs trusts sit at the intersection of estate planning, public benefits, and tax law. Robert Franco earned his J.D. from Lewis and Clark College in 2013 and an LL.M. in Tax Law from the University of Washington School of Law in 2018. He is admitted to the Washington Bar, belongs to the Tax Section of the Washington Bar Association, and is a member of the Cardozo Society of Washington State. That tax background informs how we structure trusts, plan distributions, and coordinate a special needs trust with estate tax planning when an estate is large enough to face Washington's estate tax.
Flat-Fee Pricing and a Clear Process
We have spent years helping Eastside families build plans that protect vulnerable beneficiaries, and we work as an estate planning lawyer in Bellevue, WA across the full range of trust matters. Our flat-fee pricing is published in advance, so you know the cost before we begin. And our planning process is built to be understandable, not intimidating.
What Is Important To Understand About Special Needs Trust Cases?
Key Special Needs Trust Concepts and How They Work
A few core concepts drive nearly every decision in this area. The Social Security Administration explains in its spotlight on trusts that trust assets may count as a resource for SSI purposes unless the trust meets specific requirements. Washington's Medicaid program, called Apple Health, applies its own eligibility rules based on income and resources. The key concepts include:
- Supplemental purpose. The trust pays for what benefits don't, rather than replacing food, shelter, or medical coverage that programs already provide.
- Trustee discretion. The beneficiary cannot demand distributions. The trustee decides when and how funds are spent, which is what keeps the assets from counting against benefit limits.
- First-party versus third-party funding. Whose money funds the trust determines which rules apply and whether the state must be repaid after the beneficiary's death.
- Remainder beneficiaries. The trust names who receives anything left when the primary beneficiary passes away.
- Distribution standards. Well-drafted instructions guide the trustee on housing, in-kind support, and purchases that could affect benefit amounts.
What Are Important Aspects of a Special Needs Trust Case?
Drafting the document is only part of the work. A complete plan addresses several connected pieces:
- Coordinating the trust with your will or revocable living trust so the special needs trust is funded correctly at death
- Naming guardians for minor children, a decision that requires weighing each candidate's values, parenting style, financial stability, and willingness to take on a long-term caregiving role
- Preparing powers of attorney that authorize an agent to fund or manage the trust if you become incapacitated
- Writing a letter of intent that records your loved one's routines, providers, and preferences for future caregivers
Each piece supports the others. A trust that is never funded, or a guardian who lacks direction, leaves the plan incomplete.
What Is The Special Needs Trust Case Timeline?
Most families complete the process within a few weeks of their first meeting. The typical sequence looks like this:
- An initial consultation to discuss your loved one's benefits, your assets, and your goals
- A design meeting where we recommend the trust type, trustee structure, and funding plan
- Drafting of the trust and any related documents as part of your estate planning in Bellevue
- A review meeting to walk through the documents and answer questions in plain language
- Signing, followed by funding steps such as updating beneficiary designations
Trusts created in response to a settlement or pending inheritance sometimes move faster. Either way, we set expectations on timing at the first meeting.
What Should You Bring to Your Special Needs Trust Consultation?
You don't need everything organized perfectly. The following items help us give useful advice from the start:
- A summary of your loved one's current benefits, such as SSI, SSDI, or Apple Health
- A list of your assets, including retirement accounts and life insurance
- Any existing wills, trusts, or beneficiary designations
- Names of the people you are considering as trustee or guardian
The consultation is free, and we will explain your options and our flat fees before you commit to anything.
What Are Important Washington Legal Resources for Special Needs Trust Cases?
Families who want to read the underlying law and explore available programs can start with these sources:
- Title 11 RCW contains Washington's probate and trust statutes.
- The Developmental Disabilities Administration at DSHS administers state services for people with developmental disabilities.
- The Arc resource guide from The Arc of King County collects local supports for individuals and families.
Reach Out to Eastside Estate Planning to Schedule a Consultation
A special needs trust gives your family certainty about the future, with clarity about who manages your loved one's money, how it gets spent, and what happens to their government benefits when circumstances change. For many families, the hardest part is simply knowing where to begin. Once you understand the options, the path forward is usually more straightforward than expected. The right trust, properly funded and paired with updated beneficiary designations and a clear letter of intent, can protect your loved one for decades to come.
We offer free initial consultations and transparent flat-fee pricing so you know exactly what to expect before committing to anything. Whether you are starting from scratch or revisiting a plan that no longer reflects your family's needs, we are glad to help. Contact us to schedule a meeting with a special needs trust attorney in Bellevue and take the first step toward protecting your loved one.