Special Needs Trust Attorney in San Marcos
Protecting Your Loved One’s Future With Careful Planning
If you care for a child or adult with disabilities, you may be wondering how to provide for them without putting essential benefits at risk. A thoughtfully drafted special needs trust can be an important part of that plan, and working with a knowledgeable special needs trust attorney helps you move forward with confidence.
At McNutt Law Firm, PLLC in San Marcos, we work with families who want to protect public benefits and quality of life for a loved one with disabilities. We take time to listen, explain options in plain language, and build a plan that reflects your family’s values and priorities.
We also understand that legal planning can feel intimidating and expensive. Our firm offers free consultations, along with payment plans and sliding scale options when appropriate, so you can talk with our team about your concerns without upfront financial pressure.
Contact our trusted special needs trust lawyer in San Marcos at (512) 488-3612 to schedule a free consultation.
Why Families Need Special Needs Trusts
Many parents and caregivers first hear about special needs trusts when someone warns them that leaving money directly to a person with disabilities could affect benefits. Programs like Supplemental Security Income and Medicaid usually look at the recipient’s income and assets when deciding eligibility. A direct inheritance or large gift may unintentionally push those numbers too high.
A properly structured trust for a loved one with disabilities can help avoid that result. The trust can hold money, investments, life insurance proceeds, or other assets for the person’s benefit, while keeping ownership in the trust instead of in the individual’s name. This type of arrangement often allows funds to be used for supplemental needs without counting as disqualifying resources.
Families in the San Marcos area frequently use these trusts to pay for items and experiences that improve quality of life. That might include therapies not fully covered by insurance, modifications to a vehicle, educational opportunities, communication devices, or help with travel to medical appointments. When the trust is drafted to comply with Texas and federal rules, it can work alongside government benefits rather than replacing them.
The emotional side of this planning is just as important. Parents often worry about what will happen when they are no longer here to advocate for their loved one. A clear trust document can outline how funds should be managed, who will make financial decisions, and what priorities matter most. Our role as a special needs trust lawyer is to help you translate those hopes and concerns into legally effective terms that still feel true to your family’s wishes.
How Our Team Helps You Plan
Understanding what a trust can do is only part of the picture. The way it is created, explained, and coordinated with the rest of your planning matters just as much. At McNutt Law Firm, PLLC, our attorneys work closely with you so the process feels manageable rather than overwhelming.
We begin by listening. In our first meeting, we ask about your loved one’s daily life, current medical needs, benefit programs, and the support network around them. We also talk about your concerns, such as siblings’ roles, long-term housing options, or past experiences with agencies. This conversation helps us understand what kind of special needs trust fits your situation.
Once we have that foundation, we walk through your options in plain language. We explain how different trust structures generally work under Texas law, how they can interact with programs like SSI or Medicaid, and how choices about trustees and distributions can shape the future. Our goal is not to push you toward one answer, but to give you the information you need to make informed decisions.
Families who work with our team can expect a clear planning path:
- Initial conversation to learn about your loved one, your family, and your goals.
- Review of current estate planning documents so the new trust works with what you already have.
- Discussion of trustee options, including family members and potential professional choices, based on your comfort and circumstances.
- Drafting of the trust in a way that reflects your instructions and is designed to comply with applicable Texas and federal requirements.
- Final review meeting where we walk through the document with you, answer questions, and outline next steps for funding and future updates.
Throughout this process, you remain in control. We check in with you before making changes, and we encourage questions at every stage. As your special needs trust lawyer, we work to provide clarity so you never feel rushed or left in the dark about such an important decision.
Why Choose McNutt Law Firm PLLC
Choosing someone to guide you through special needs planning is a deeply personal decision. Families who come to McNutt Law Firm, PLLC often tell us they want more than documents. They want a team that understands the emotional and practical weight of planning for a loved one with disabilities, and that is how we approach our work.
Our practice is built on a family-focused philosophy. We do not look at a special needs trust as an isolated form. Instead, we talk with you about guardianship questions, sibling relationships, and how other relatives may be involved. Because our firm also handles family law, estate planning, and defense work such as CPS matters, we are familiar with the broader challenges many families face during transitions.
We take a team approach to support our clients. Each member of our legal team contributes to helping you feel informed, heard, and prepared. When your planning touches sensitive topics like prior CPS involvement or ongoing family court issues, we can factor those realities into your trust plan in a thoughtful way.
Affordability is another concern we address directly. Caring for a person with disabilities can bring high medical and living costs. We offer free initial consultations so you can understand whether a trust is appropriate before committing to legal fees. Our firm also uses payment plans and sliding scale fee options when appropriate, which can make working with a special needs trust attorney in San Marcos more realistic for families with limited budgets.
Planning With A Local San Marcos Attorney
Working with a nearby attorney can make special needs planning feel more personal and convenient. Our office in San Marcos allows many families to meet with us in person when that is comfortable for them. Being able to sit across the table, bring documents, and talk through questions can be especially helpful when discussing a loved one’s care.
For families in Hays County, it is useful to understand how a special needs trust fits alongside other legal processes. Issues such as probate or guardianship proceedings in this county generally involve the local courts, and your overall estate plan needs to work with those systems. Our attorneys regularly assist clients whose planning may eventually touch those proceedings, and we draft trust provisions with that larger picture in mind.
Our experience with families in Central Texas also gives us insight into the community resources and challenges you may encounter. We are familiar with the kinds of support organizations, therapies, and educational options that many of our clients use, even though the specific providers can vary. This awareness helps us have more grounded conversations about how a trust can supplement, rather than replace, the help your loved one already receives.
Because we are local, we are also accessible when life changes. Health conditions, benefit rules, and family circumstances can shift over time. When that happens, you may want to revisit the terms of your trust or discuss whether additional planning is appropriate. Having a special needs trust lawyer in San Marcos close by can make those updates easier to manage.
Frequently Asked Questions
Will a special needs trust affect my child’s benefits?
A properly structured special needs trust is generally designed to protect, not reduce, eligibility for programs like SSI or Medicaid. The details matter, including how the trust is drafted and how distributions are handled. We explain how these rules typically apply so you can feel more confident about your plan.
When is the right time to create a special needs trust?
Many families choose to create a trust as soon as they know a loved one will likely need long-term support. Others do so when updating a will or planning for retirement. We can talk through your situation and help you decide what timing makes sense for your family.
Who can serve as trustee for a special needs trust?
Trustees are often relatives, trusted friends, or professional fiduciaries. The right choice depends on your family dynamics, the size of the trust, and the skills required. We discuss the pros and cons of different options and help you think through who is best suited to take on that responsibility.
How much does it cost to set up a special needs trust?
The cost typically depends on the complexity of your situation and the type of trust you need. During your free consultation, we can give a general sense of expected fees. Our firm offers payment plans and, when appropriate, sliding scale options to make planning more accessible.
Can you coordinate a special needs trust with my existing will?
Yes. We frequently review existing wills and other estate planning documents and then design the special needs trust to work alongside them. This may include updating beneficiary designations or will provisions so that assets flow correctly into the trust instead of passing directly to your loved one.
Talk With Our Team About Your Plan
Planning for a loved one with disabilities can feel like a heavy responsibility, but you do not have to work through it alone. A carefully crafted trust can help protect both essential benefits and the meaningful extras that make life more comfortable and fulfilling.
At McNutt Law Firm, PLLC in San Marcos, our attorneys focus on understanding your family, explaining your options, and creating a plan that reflects your priorities. We offer free consultations and flexible fee arrangements, and our goal is to make working with a special needs trust attorney feel approachable and manageable.
Contact our trusted special needs trust lawyer in San Marcos to schedule a free consultation with our team, call (512) 488-3612.