Planning for a family member with a disability requires thinking decades into the future. You want to provide for their care, their comfort, and their quality of life—but a direct inheritance or gift can actually harm them by disqualifying them from Medicaid, Supplemental Security Income, and other programs they depend on. Asset limits for these programs are strict, and even a well-intentioned bequest can create serious problems.
A special needs trust allows you to set aside resources for your loved one without jeopardizing their eligibility for public benefits. The trust holds assets on their behalf, pays for things that government programs don’t cover, and gives them a better life without disrupting the assistance they need. But the trust has to be drafted correctly—one wrong provision and the entire structure can fail.
If you’re looking for a Glenview, IL special needs trust lawyer, Kravets Law Group helps families create trusts that work exactly as intended. Daniel Kravets, Founder and Managing Partner, personally handles every special needs trust matter at our firm with 10 years of experience and a deep understanding of both the legal technicalities and the emotional weight of planning for someone who may need lifelong support.
Why Choose Kravets Law Group For Special Needs Trusts In Glenview, IL?
Focused Experience with Disability Planning
Daniel Kravets has spent a decade drafting special needs trusts that preserve eligibility for SSI and Medicaid while securing family resources for beneficiaries. He represents families with disabled children or dependents who need long-term planning—parents thinking about what happens when they’re no longer around, grandparents who want to leave an inheritance without disrupting benefits, and individuals who received injury settlements that could jeopardize their assistance programs. This work often connects with broader estate planning goals that protect the entire family.
Direct Attorney Relationship
When you work with our firm, you work directly with Daniel. He counsels families on funding options, trustee responsibilities, and the long-term administration of these trusts. Special needs planning involves difficult conversations about the future. You deserve a special needs trust attorney in Glenview who takes the time to understand your family’s situation, not someone who hands you off to a paralegal after the initial meeting.
Clear, Flat-Rate Pricing
We offer flat-rate pricing for most special needs trusts, so you know exactly what you’re paying before we begin. We also provide transparent guidance on long-term administration costs, because creating the trust is only the first step—someone has to manage it properly for years or decades to come.
What Our Clients Say
⭐⭐⭐⭐⭐ “I had a wonderful experience working with Daniel Kravets. Estate planning can feel overwhelming, but he explained everything clearly, guided me through each step with patience, and took the time to answer all my questions. I contacted multiple lawyers before, but Kravets Law Group gave me the best advice and the best price. I am so happy I found this law firm. I highly recommend him!” – Yelena Shvets
Types Of Special Needs Trust Cases We Handle In Glenview
Our firm works with families across a range of situations involving disability planning:
- Third-party special needs trusts. These trusts are funded with assets that belong to someone other than the beneficiary—typically parents, grandparents, or other family members. A third-party trust can be created during your lifetime or through your will, and any remaining assets when the beneficiary passes can go to other family members rather than reimbursing the government.
- First-party special needs trusts. When a person with a disability receives their own assets—through an inheritance, divorce settlement, or personal injury award—a first-party trust allows them to hold those funds without losing benefits. Federal law requires that any assets remaining at death must first reimburse Medicaid for benefits paid during the beneficiary’s lifetime.
- Pooled trusts. These trusts are managed by nonprofit organizations and pool resources from multiple beneficiaries for investment purposes while maintaining separate accounts for each person. Pooled trusts can be particularly useful for individuals who don’t have a suitable family member to serve as trustee.
- Trust funding and administration. Creating the trust document is only part of the process. Assets must be properly titled in the trust’s name, and the trustee needs clear guidance on what distributions are permissible without affecting benefits. We help families understand how to fund their trusts correctly and provide ongoing guidance for trustees.
- Coordination with estate plans. A special needs trust should work together with your will, your living trust if you have one, and all beneficiary designations on life insurance policies and retirement accounts. One direct inheritance outside the special needs trust can undo years of careful planning.
Illinois Legal Requirements For Special Needs Trusts
Special needs trusts must comply with both federal and state law to effectively protect benefits. The Social Security Administration administers the SSI program, which provides monthly cash payments to disabled individuals with limited income and resources. Assets held in a properly drafted special needs trust don’t count toward SSI’s resource limits—currently $2,000 for an individual.
Illinois follows federal guidelines for determining whether a trust will be considered a countable resource. The trust must give the trustee absolute discretion over distributions and cannot require payments for food or shelter in a way that would reduce SSI benefits. Language matters here. Generic trust templates downloaded from the internet rarely contain the specific provisions needed to pass scrutiny from benefits administrators. A Glenview special needs trust lawyer ensures your documents meet these requirements. The SSA’s POMS manual provides detailed guidance on how trusts are evaluated.
For first-party trusts, federal law under 42 U.S.C. § 1396p sets out the requirements for trusts funded with the beneficiary’s own assets. The trust must be established by a parent, grandparent, legal guardian, or court—not by the beneficiary themselves. The beneficiary must be under 65 at the time of funding, and the trust must contain a Medicaid payback provision.
The Illinois Department of Human Services administers Medicaid in our state. Their caseworkers review trusts to determine whether beneficiaries remain eligible for benefits. A trust that doesn’t meet their requirements can result in a denial of coverage or a demand for repayment of benefits already received. The Medicaid eligibility guidelines provide additional federal guidance on program requirements.
Key Components Of A Special Needs Trust
Trustee Selection
Choosing the right trustee may be the most important decision you make. The trustee manages investments, handles distributions, keeps records, and interacts with government agencies on behalf of the beneficiary. Family members can serve as trustees, but they need to understand the restrictions on how trust funds can be used. Many families choose professional trustees or trust companies, particularly for larger trusts that will last for decades. We can discuss the pros and cons of each approach during your consultation.
Distribution Standards
The trust document must clearly state that distributions are entirely at the trustee’s discretion and are intended to supplement—not replace—government benefits. Trustees can pay for things that benefits don’t cover: vacations, electronics, entertainment, education, specialized therapies, and quality-of-life improvements. But paying for food or shelter directly can reduce SSI payments dollar-for-dollar, so trustees need specific guidance on handling these expenses.
Remainder Beneficiaries
For third-party trusts, you decide who receives any assets left in the trust when your disabled family member passes away. This might be siblings, other relatives, or charitable organizations. For first-party trusts, Medicaid must be repaid first, but any remaining assets after that reimbursement can pass to family members. These decisions connect directly to your broader trust planning goals.
Letter of Intent
While not legally binding, a letter of intent provides invaluable guidance to future trustees about your loved one’s needs, preferences, medical history, daily routines, and the quality of life you want the trust to support. We help families create these documents alongside their trusts.
Integration with Other Planning
Your special needs trust doesn’t exist in isolation. It should coordinate with your will, your revocable trust if you have one, and all beneficiary designations on life insurance policies and retirement accounts. One direct inheritance outside the special needs trust can undo years of careful planning. Proper asset protection strategies ensure everything works together.
What To Expect From Your Glenview Special Needs Trust Attorney
We start by understanding your family’s complete situation. How old is your loved one? What benefits do they currently receive? What assets do you want to set aside for their care? Who might serve as trustee? These questions shape the type of trust we recommend and how we draft it.
For most families, we can complete a special needs trust within two to three weeks. The process includes an initial consultation, drafting the trust document, reviewing it together, making any revisions, and executing the final documents. We also provide guidance on funding the trust properly—assets don’t protect benefits until they’re actually titled in the trust’s name.
After the trust is in place, we remain available to answer questions from trustees and family members. Special needs trust administration raises issues that don’t come up with ordinary trusts, and trustees often need guidance on specific situations: Can the trust buy a car? Pay for a family vacation that includes the beneficiary? Cover modifications to the family home?
If your loved one is approaching adulthood, you may also need to consider guardianship or alternatives like a power of attorney. The HHS long-term care page offers resources that can help families think through these decisions.
Many families create special needs trusts as part of planning that includes probate avoidance strategies and estate administration preparation. Understanding the benefits of trusts helps families see how these pieces work together. When the time comes, having everything coordinated makes the transition much easier for everyone involved.
Contact Kravets Law Group
Protecting your loved one’s future shouldn’t feel overwhelming. We offer free consultations and flat-rate pricing for most special needs trusts, so you’ll know exactly what to expect before we begin.
Our firm serves families throughout Glenview and the North Shore. Whether you’re just starting to think about disability planning or need to update an existing trust, a Glenview special needs trust attorney can help. Contact us today to discuss how a special needs trust can provide security for your family member while preserving the benefits they depend on.