The Burke Law Group, PLLC
Old City Hall Building
221 N. Wall St., Suite 624
Spokane, WA 99201

Main Office: (509) 466-7770
Collaborative Law: (509) 999-6747

Special Needs Planning with a Special Needs Trust

A Special Needs Trust (sometimes referred to as a ‘supplemental needs trust’) is a trust fund for a disabled beneficiary. It is important to create a Special Needs Trust to insure that the disabled beneficiary has access to a broader pool of assets for their care, without disqualifying them from government benefits.

The most common reasons people create a Special Needs Trust:

  • To protect assets that belong to a beneficiary with a disability who needs benefits (such as Medicaid).
  • To hold assets such as a personal injury settlement or inheritance awarded to a disabled person already receiving benefits (such as social security disability or Supplemental Security Insurance)
  • To receive assets from an elderly disabled person who is trying to qualify for Medicaid themselves.

The main purpose of a Special Needs Trust is to ensure there is no lapse or reduction in benefits, and to avoid a penalty period being imposed for benefits because of an improper transer of funds.

If you or a loved one are receiving government benefits and will be acquiring an inheritance or personal injury settlement, contact our office to help you set up your Special Needs Trust to ensure your qualification for benefits

Meet Our Attorneys

Dena Allen

Principal / Member of the Firm, practicing in Family Law Litigation, Collaborative Law Divorce, Cooperative Divorce, Adoptions, Estate Planning, and Probate

John Burke

Of Counsel, practicing in Collaborative Law for Divorce, Uncontested Divorce and Estate Planning. On medical leave.

Matthew Fischer

Principal / Managing Member of the Firm, practicing in all areas of Family Law Litigation, Divorce and Uncontested Divorce. Also serves as a Spokane County Superior Court Pro Tem Commissioner

Cathy Helman

Associate Attorney, practicing in Appeals, Probate, Estate Planning, Family Law, and Bankruptcy. Also is an Administrative Law Judge Pro Tem with the Washington State Office of Administrative Hearings.

Joseph Linehan

Of Counsel, practicing in Social Security Disability Income (SSDI) appeals, Family Law Litigation, Divorce, and Dependency. Also serves as a Spokane County Superior Court Pro Tem Commissioner

Robin Schmahl

Senior Associate Attorney, practicing in Family Law Litigation, Uncontested Divorce, Estate Planning, Probate, and Guardianship

Rhylee Smith

Associate Attorney, admitted to practice in Washington and Idaho, practicing in all aspects of Family Law, Divorce, Child Custody and Support, and Modifications to Existing Orders

Kenneth Zigler, Jr.

Of Counsel, practicing in Family Law Litigation, Divorce, Social Security Disability Income (SSDI) and SSI benefits, and Lawsuits and Disputes including Personal Injury

Joanna Stranger

Rule 9 Intern, practicing in Family Law and Divorce