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Special Needs and Charitable Trusts in Florida, designed for real life
At Smith Will & Trust, we help families design purposeful estate plans that make a real difference. Some need extra structure to protect a loved one with a disability, while others want to support a cause without shortchanging the family. Our attorneys create Florida-compliant charitable trusts and special needs trusts that preserve benefits, reflect your values, and work exactly as intended.
We draft in plain English and coordinate every detail with your revocable trust, will and testament, and beneficiary designations. Through thoughtful trust planning, we set out clear instructions that future trustees can follow confidently, without confusion or delay.
Special needs trusts. What they are and why they matter
A special needs or charitable trust holds money for a person with a disability without disqualifying them from needs-based benefits. The trust pays for quality-of-life expenses that public benefits do not cover, such as therapies, education, technology, transportation, hobbies, and travel. The beneficiary does not own the trust assets directly; instead, a trustee pays providers or reimburses approved expenses.
There are two common types:
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First-party special needs trust: Holds the beneficiary’s own money, such as lawsuit settlements, inheritances, or accounts titled in their name. Federal law usually requires a Medicaid payback after the beneficiary’s death.
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Third-party special needs trust: Holds funds contributed by someone else, such as a parent or grandparent. No Medicaid payback is typically required, allowing remainder funds to pass to other beneficiaries.
Some families also consider pooled trusts managed by nonprofit organizations. A pooled trust can be an effective option when a professional trustee is desired or the dollar amount is modest.
At Smith Will & Trust, we integrate each special needs trust into your overall trust planning and charitable trust strategy, ensuring your plan meets Florida requirements and federal benefit rules. For more details on how special needs trusts interact with SSI and Medicaid, visit the Social Security Administration’s Special Needs Trust Overview.
Special needs planning is all about details. At Smith Will & Trust, we draft distribution standards that protect eligibility for means-tested benefits while improving daily life. We guide trustees on avoiding direct cash distributions that could reduce monthly assistance and include clear instructions for payments on goods and services that enhance comfort and independence. We also build in communication tools to help trustees coordinate with case managers and care providers.
Funding choices are equally important. Our attorneys help you decide whether to use life insurance, a portion of a revocable trust, or designated accounts. We review and align every beneficiary form with your will and testament, charitable trust, and powers of attorney to ensure funds reach the right trust at the right time through coordinated trust planning.
Charitable Trust and Special Needs planning is all about details. We focus on the structure and precision that keep benefits secure while improving quality of life.
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We draft clear distribution standards that preserve eligibility for means-tested programs while enhancing day-to-day independence.
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Trustees receive guidance on avoiding direct cash distributions that could reduce monthly benefits.
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Each plan includes defined payment options for therapies, education, technology, and personal services.
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Communication tools help trustees coordinate with case managers, caregivers, and providers.
Funding choices are just as important. Our attorneys help you:
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Decide whether to use life insurance, a share of a revocable trust, or designated accounts.
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Align every beneficiary form with your will and testament, charitable trust, and powers of attorney.
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Ensure all assets are properly directed through coordinated trust planning so funds reach the right trust at the right time.
How an ABLE account fits with a special needs trust
An ABLE account can be a practical companion to a charitable trust or special needs trust. It allows eligible individuals to save and spend for qualified disability expenses with favorable tax treatment. Annual limits apply. We can connect your trustee and family to ABLE resources and explain when an ABLE account makes sense and when the trust should pay expenses directly.
Choosing and supporting the trustee
A special needs trust lives or dies by proper administration. We help you select a trustee who can follow instructions, keep records, and communicate clearly. Some families prefer a relative, while others choose a corporate or nonprofit trustee.
We provide each trustee with a brief guide, a sample distribution request form, and a checklist of red flags that should prompt a call to our office. If circumstances change, we also include clear rules for removal and replacement. Every detail is coordinated with your overall charitable trust and trust planning strategy so the plan continues to function smoothly over time.
How we make this easy
Listen and map :
We learn your family, providers, therapies, and goals. We identify which assets should fund which trusts.
Design the plan :
First party or third party SNT. Pooled trust when appropriate. Charitable remainder or charitable lead trust with simple illustrations.
Draft in plain English:
You receive a summary and the full documents for review.
Sign correctly :
We run a clean signing with witnesses and a notary and prepare any related deeds or assignments.
Distribute and store :
We help update beneficiary forms, retitle accounts when needed, and provide letters for banks and advisors.
Keep it current:
We provide checklists, request forms, and calendars. We are available when questions come up.
How we plan with numbers without drowning you in them
Charitable trusts and special needs trusts involve math. You do not need to become a calculator. We model payout options, simple rate assumptions, and remainder projections so you can see tradeoffs at a glance. Then we translate those choices into clear instructions your trustee can follow.
Common pitfalls we prevent
- A gift that breaks benefits. We keep inheritances out of a beneficiary’s name and into the correct charitable trust or special needs trust.
- No distribution rules. Vague language creates conflict. We write practical standards with clear examples.
- No coordination with accounts. One outdated beneficiary form can undo a plan. We help you update and align them with your charitable trust.
- No backup trustee. We always name successors and provide a path to replace a trustee who is not working out.
- Charitable intent without a plan. We ensure the charity you name can receive the gift and document any restrictions you wish to include within your charitable trust.
Who we help
Parents who want to protect a child with a disability. Grandparents who want to give without harming benefits. Retirees who want to blend family support with a charitable trust. Professionals who hold appreciated stock and want both income and impact. Families who need a practical, durable plan that will outlast them.
What to bring to your consult
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A simple list of assets with rough values
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The name of any charity you care about and how you want it supported through a charitable trust
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Names for trustees and backups
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Contact information for case managers or key providers
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Any existing will, trust, or power of attorney
Where we meet, and how to reach us
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
FAQs
Does a first-party special needs trust always require Medicaid payback?
In most cases, a first-party trust must repay Medicaid for benefits provided to the beneficiary at death. We will review your situation and give clear expectations.
Is a third-party special needs trust better?
It depends. A third-party trust usually avoids payback and lets you name remainder beneficiaries. It must still be drafted and administered correctly to protect benefits.
Do I need a corporate trustee?
Not always. A responsible family member can serve if they have time and attention for the role. We can also pair a family trustee with a professional co-trustee when helpful.
Can I add more to the trust later?
Yes. Many families add through beneficiary designations or gifts in a will or living trust. We make sure the receiving trust language is ready.
What is the tax treatment of charitable trusts?
It varies by structure and assets. We work with your tax advisor so the legal and tax pieces match. We keep the explanations simple so decisions are easy.