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Special Needs Trusts

Estate-Planning

Trustworthy Estates Lawyers in Orem Draft Your Special Needs Trust

Concerned attorneys craft instruments to meet your circumstances

A special needs trust is a legal entity that provides for the needs of a disabled person. Most often, parents establish the trust for a child whose physical or mental challenges present significant obstacles to independent living. The trust administrator manages the assets and disburses funds for the beneficiary’s maintenance.  At Skabelund Wirig & Loos, we have extensive experience helping grantors establish special needs trusts to secure their loved one’s future. We listen attentively to fully understand your circumstances so we can suggest a range of options to help you accomplish your goals.

Types of special needs trusts available in Utah

When you establish a special needs trust, you transfer assets into a legal entity that becomes the technical owner, and you appoint a trustee to manage the assets according to your plan for the beneficiary. A trustee has a fiduciary duty to protect the assets of the trust through prudent investment and competent management.

The trustee can only disburse funds to a beneficiary according to the terms of the trust. For example, a Support Trust provides funding for food, shelter, clothing, medical care, and education to completely meet the beneficiary’s basic needs. However, in many cases, a goal of the trust is to provide monthly maintenance for a person who receives government benefits, such as Supplemental Security Income (SSI) or Medicaid. Here, a Supplemental Needs Trust can provide additional income to improve the beneficiary’s quality of life while allowing the beneficiary to remain eligible for benefits.

There are two basic types of special needs trusts:

  • Third-party special needs trust — The grantor of the trust is the beneficiary’s parent or guardian.
  • Self-settled special needs trust — This type of trust is usually created by a parent or guardian but funded by the beneficiary. For example, if the child has received a personal injury settlement for a birth injury and will need lifelong care, the parents can establish this type of trust.

The goal of the special needs trust is to provide funding for the life of the beneficiary. If there are any assets left in the trust when the beneficiary passes away, the trust can name someone to receive those funds. However, if the beneficiary has received government benefits, the trustee must first use remaining assets to pay back those programs.

With a special needs trust, you can protect your loved one from future hardship. But accomplishing this goal requires careful planning and assistance from experienced and knowledgeable trust lawyers.

Contact our reputable Orem law firm to establish a special needs trust

Skabelund Wirig & Loos provides reliable advice for creating special needs trusts that protect your vulnerable loved ones. To schedule a free consultation with an experienced and concerned attorney, call us at 801-788-4447 or contact our office online. We are conveniently located at 1149 West Center Street in Orem, just off I-15.

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Our Office
  • Orem Office
    1149 West Center Street
    Orem, Utah 84057
    Phone: 801-222-9700
    Fax: 801-224-9960
Client Testimonials
  • "Steve Skabelund is Excellent! He has helped out many of my family and friends with getting their Will and Trust documents in order. He is friendly, quick at getting the job done and does it at a fee that is affordable. I would highly recommend Steve to anyone who is considering having these types of services done. Thanks Steve for a job well done!"  -Lorie P., 5.0 rating ★★★★★

  • "My company and I have been working with Brent Wirig for a couple of years now and he has been crucial to the success of our small business. He is knowledgeable and gets things done in a timely manner. He is also very easy to reach. We have used his expertise on everything from the original business paperwork, to taxes, and client contracts. Would highly recommend Skabelund Wirig and Loos."  -Michael, 5.0 rating ★★★★★

  • "We have had such a positive experience with Brent Wirig as our family estate planning attorney. He also has helped us with the organization documents for our new business and explained everything clearly. He works fast and has a deep concern for each client! We will definitely be using him for any future needs!"  -Danielle S., 5.0 rating ★★★★★

  • "Steve has been our family attorney for over 15 years. Over the years Steve has been there to help us with our estate planning needs. Every time I would leave on a vacation without the kids I would have panic attacks about not having my estate in order. We have a special needs son so that added to my anxiety. Steve helped us plan for our future with how to structure our estate to best meet the needs of our family. Now I can go on vacation and leave at least that worry behind. A few months before our son turned 18 we had to petition the court to become our son's legal guardian. Steve was there to make sure everything was in order. It was a smooth process. I would highly recommend Steve and his associated to take care of your Family Law needs!!"  -Teri T., 5.0 rating ★★★★★

  • "I felt like an actual person, rather than just another number! Steve Loos was great in getting back with me when I needed to talk to him. The Bonus part of my experience with Steve is I actually got a portion of my retaining fee back!! That NEVER happens! Thank you Tiffany Hedges for the referral! You all are amazing!"  -Dana D., 5.0 rating ★★★★★

  • "Brent is one of the most thorough and efficient attorneys that I have worked with as a client. He will go the extra mile for you. Also, you actually feel that he cares about you as an individual!"  -Peter S., 5.0 rating ★★★★★

  • "Stephen Loos is a great combination of being pleasant and competent, which is rare nowadays. I highly recommend Stephen for your legal needs."  -IIdar F., 5.0 rating ★★★★★

  • "Brent Wirig just helped us with our estate planning documents and he was extra great to work with. We highly recommend him."  -Catherine C., 5.0 rating ★★★★★

  • "Brent Wirig is very helpful and explains things I don't understand in a clear and concise way. He is easy to work with and willing to go the extra mile to help out."  -Annie S., 5.0 rating ★★★★★

  • "My review is a little slow however we worked with both Stephen Loos and BJ on multiple things and they were awesome!! Professional, friendly, knowledgeable and always willing to accept a call and answer any questions! Great guys!"  -Jennifer B., 5.0 rating ★★★★★