A Parents’ Guide to Special Needs Estate Planning

In this episode, Jill welcomes Kristen Lewis, a nationally recognized special needs estate planning attorney, to unpack the critical legal and financial steps families should take to secure the future of a loved one with special needs. They explore common misconceptions, how traditional estate planning often fails these families, and why comprehensive special needs planning requires much more than just drafting a trust.This is Part 1 of a two-part conversation, diving deep into government benefits, asset limits, trust types, and common pitfalls. Whether you’re a parent, grandparent, or caregiver, this episode is packed with essential guidance to help you plan with confidence.Topics DiscussedWhy traditional estate planning is often insufficient for families with a loved one who has a disabilityThe network of special needs trusts — not just one trust, but several working togetherThe importance of a coordinated family approach to avoid well-meaning but harmful gifts or inheritancesGovernment BenefitsSSI (Supplemental Security Income) and MedicaidSSDI (Social Security Disability Insurance) and MedicareEssential Trust Types ExplainedThird-party special needs trusts (funded by parents, grandparents, etc.)First-party special needs trusts (funded with the assets of the individual with the disability)Understanding the Medicaid payback requirement — and how to avoid it when possibleCommon Mistakes & MisconceptionsWhy disinheriting a child with special needs is NOT the solutionHow grandparents’ gifts and bequests can unintentionally disrupt eligibility for government benefitsArticles & ReferencesThe Case for Updating SSI Asset Limits – Center on Budget and Policy PrioritiesGeorgia Council on Developmental Disabilities - Georgia’s NOW/COMP Waiver Waitlist: The Time is NowBobby Dodd Institute - How to Get Approved for a Medicaid Waiver by Only Following This Simple ChecklistTranscripts for The Death Readiness PodcastQuestions about special needs estate planning?Email Jill at [email protected] If she notices a lot of the same questions, she and Kristen will record a follow-up episode to answer these popular questions.Subscribe to receive news and updates.Programming Note: The Death Readiness Podcast is moving to an every-other-Friday release schedule to bring you thoughtful, high-quality content in a sustainable way. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.