Creating a Special Needs Trust is one of the most important things you can do for your child. When a loved one with a disability does not have a Special Needs Trust, that person may become disqualified from SSI and Medicaid.

Here's why it matters - especially in Louisiana.

• Louisiana's Forced Heirship Laws are unique. They require that a portion of a parent’s estate go directly to a child (or adult child) with a disability.

• If that inheritance goes directly to your child and they have more than $2,000 in assets, they will be disqualified from receiving SSI and Medicaid.

• To regain eligibility, they would have to spend down their assets below the $2,000 threshold — this is a harsh result.

A Special Needs Trust solves this problem. It allows funds to be set aside for your child’s benefit without affecting their eligibility for SSI and Medicaid. The trust holds assets on the child's behalf and is not counted toward the $2,000 asset limit.

Setting up a Special Needs Trust ensures your child is financially protected without jeopardizing access to essential government benefits.

The cost to create a Special Needs Trust for your loved one varies depending on the complexity of your estate and the type of legal drafting that will be required.

Our firm does business on a flat-fee basis, not hourly billing. This means the cost is set and clear upfront. There are no hidden surprises.

We offer bundled package plans that are tailored specifically for the unique legal needs of families with special needs children. The package plans are designed to simplify the estate planning process and bring value to our clients. Whether you are looking for a basic, straightforward approach or a premium approach with enhanced professional services, we help every kind of special needs family.

No matter which option you choose, our legal services are a smart investment—designed to deliver long-term value in yielding multiple folds of return, protect your assets, preserve benefits, and build generational wealth.

Our firm focuses exclusively on estate planning for special needs and disabilities. It is not just a part of our practice; it is our only area of practice.

Special needs planning is a complex area of the law that requires close attention to details and nuances that may be inadvertently overlooked by attorneys who do not regularly practice in this field. A mistake can result in lost benefits, financial hardship, and complicated legal issues. Unfortunately, these types of errors usually don't get discovered until after the parents have passed, when correcting them becomes far more difficult or even impossible.

The ins and outs of various special needs trust options, eligibility for government resources, and any changes in disability law and taxation, as it pertains to special needs planning, are our legal focus. We are dedicated to serving families with special needs across Louisiana. It is what we proudly do all day, every day.

It depends on the type of Special Needs Trust. A parent can choose to fund the trust right away (which can be done with a seed amount of just $10), or a parent can choose to wait to fund the trust upon their death. The decision of when to fund the trust will depend on the goals of each family.

More important than the timing of when to fund the trust is the timing of when to set up the trust. The best type of Special Needs Trust is one that is created before it is needed. That is, before the loved one with a disability receives a gift or inheritance. Otherwise, Medicaid may have the right to claw back money from the Special Needs Trust. Sooner rather than later is crucial in legal planning for special needs and disabilities.

There is no true alternative that can operate in the same way as a Special Needs Trust. However, there is a type of Special Needs Trust that does not require an attorney called a "Pooled Trust," which is managed by a nonprofit organization. This option may be suitable for some families, but for other families, this option may be insufficient to meet their goals.

Our firm is happy to discuss the pros and cons of the different types of Trusts with you. Our goal is to equip you to make a well-informed choice about your child's future.

If a grandchild has a disability, it's important not to give gifts or inheritances directly to the child as this could disqualify them from SSI and Medicaid. Instead, depending on the size of the gift, the inheritance should be directed to a Special Needs Trust or an ABLE account, both of which protect the child's eligibility for SSI and Medicaid.

To answer the question of whether a grandparent should create a Special Needs Trust would require more specific facts and ultimately depends on the circumstances. Every family is unique and the best approach will depend on the needs of the grandchild, the size of the gift, and the family's long-term planning goals.

Yes, the Strategy Meeting with Byrd Law is available at no cost. To schedule a strategy meeting, please book a call with our firm to begin the process.

Free 2-hour Strategy Meeting

We set aside up to 2 hours to get to know your family, understand your goals, and develop a personalized legal strategy. While most meetings don't take the full 2 hours, we reserve that time to ensure you never feel rushed.

Potential clients can receive this Strategy Meeting at no cost by completing a confidential questionnaire in advance. The questionnaire gathers key information about your family and allows us to prepare thoughtful, effective planning options. At the end of the meeting, you decide whether you'd like to move forward with our services.

2-hour Strategy Meeting at $750

For families who prefer not to complete the questionnaire before the Strategy Meeting, a $750 fee is required to secure the appointment. If you choose to move forward with our services, that fee will be fully credited toward the cost of your estate plan.

Yes, we provide legal services to all of Louisiana with dedication and care. While our office is located in Baton Rouge, we offer convenient video meetings via Zoom for our out-of-town clients. If you're unable to travel to Baton Rouge for the formal signing ceremony, we can either arrange to come to you or provide clear instructions to help you complete the signing process in your local area.