Provide for Your Loved One — Without Losing the Benefits They Depend On
A special needs trust lets your family give financial support to a child or adult with disabilities while keeping their Medicaid and SSI eligibility fully intact. We help DFW families build plans that last.
Why Families with Disabled Loved Ones Need a Special Needs Trust
Many families don't realize that leaving money directly to a person with disabilities — through a will, an inheritance, or even a well-meaning gift — can disqualify them from Medicaid, SSI, and other government benefits. These programs have strict asset limits, and a sudden inheritance can push a loved one over the threshold overnight.
A special needs trust, also called a supplemental needs trust, holds assets separately from your loved one's personal ownership. Because the trust owns the funds rather than the individual, Medicaid and SSI eligibility is preserved. Your loved one continues to receive government benefits while the trust pays for extras those programs don't cover — housing upgrades, transportation, education, recreation, and quality-of-life needs.
This is disability planning done right: giving more without taking away what's already there.
First-Party vs. Third-Party Special Needs Trusts
Not all special needs trusts are the same, and choosing the wrong structure can create problems later. A first-party trust is funded with the disabled person's own assets — often from a personal injury settlement or inheritance received directly. A third-party trust is funded by family members and is the most common tool for parents planning ahead.
Each type has different rules around Medicaid payback requirements and how remaining assets are handled at death. We walk you through both options clearly so you choose the structure that fits your family's situation.
What a Special Needs Trust Can Pay For
Government benefits cover basic needs — but not much beyond that. A properly drafted special needs trust can pay for:
- Medical and dental expenses not covered by Medicaid
- Assistive technology, mobility equipment, and home modifications
- Education, vocational training, and therapy programs
- Transportation and vehicle modifications
- Recreation, travel, and social activities
- Personal care attendants and companion services
- Clothing, electronics, and personal items
The goal is to fill the gaps that government programs leave behind, giving your loved one a fuller, more comfortable life.
Planning for the Long Term: Who Will Care for Them When You're Gone?
For most families, the hardest question isn't legal — it's personal. Who will look after your child when you're no longer able to? A special needs trust is one part of a larger disability planning strategy that can include naming a trustee, designating a guardian, and leaving detailed instructions about your loved one's care preferences, routines, and relationships.
We help you think through all of it. The trust document itself can include a letter of intent — a personal guide for whoever steps into your role — so that the people who care for your loved one in the future understand exactly who they are and what they need.
Coordinating the Trust with Your Broader Estate Plan
A special needs trust doesn't exist in isolation. It needs to work alongside your will, any life insurance policies, retirement accounts, and other assets you plan to leave behind. If those assets are not directed correctly — if a retirement account beneficiary designation points directly to your child with disabilities — the trust can be bypassed entirely, triggering the exact benefit loss you were trying to prevent.
We review your full estate picture and make sure every piece is aligned. That includes coordinating with family members who may also want to leave gifts, so that their generosity doesn't accidentally cause harm.
Guardianship and the Role It Plays in Disability Planning
When a child with disabilities turns 18, parents no longer have automatic legal authority to make decisions on their behalf — even if the child cannot manage those decisions independently. Guardianship or a supported decision-making agreement may be necessary to maintain that role.
We help families understand when guardianship is appropriate, what the process involves in Texas, and how it fits alongside a special needs trust as part of a complete plan.
How Wincorn & Associates Approaches Special Needs Trust Planning
We know this area of law is layered, and we know the families who need it are often already carrying a great deal. Our approach is to explain clearly, move efficiently, and build a plan that actually holds up over time. We serve DFW families in English, Arabic, Vietnamese, Mandarin, and Spanish — because planning for a loved one with disabilities shouldn't be harder because of a language barrier.
Our two offices in Richardson/Dallas and Arlington mean we're accessible across both Dallas and Tarrant counties.
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Families Across DFW Trust Wincorn & Associates
With more than 145 Google reviews and two offices serving communities across the Dallas-Fort Worth metro, Wincorn & Associates has built its reputation one family at a time. Clients come to us when the stakes are high and the legal language is overwhelming. We work to make both manageable.
Special Needs Trust Planning Is Part of Our Broader Estate Planning Practice
A special needs trust is one of several tools we use to help families plan for the future. Depending on your situation, your plan may also include a will or living trust, a power of attorney, or a plan for probate avoidance.
Our estate planning practice covers wills and trusts, power of attorney, and probate — all available from the same team that handles your special needs trust, so nothing falls through the cracks.
Serving Families with Disabilities Across the DFW Area
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What Families Are Asking About Special Needs Trusts
Will an inheritance disqualify my child from Medicaid or SSI?
It can — if the inheritance is received directly. Assets left outright to a person receiving Medicaid or SSI count toward the program's strict asset limits. A properly structured special needs trust holds the assets separately, preserving eligibility while still allowing the funds to benefit your loved one.How do I protect my disabled child's benefits in Texas?
The most reliable method is a third-party special needs trust funded by you and other family members. The trust owns the assets, not your child, so Medicaid and SSI continue uninterrupted. We draft the trust to meet Texas and federal requirements and coordinate it with your broader estate plan.Can grandparents or other relatives contribute to a special needs trust?
Yes. One of the advantages of a third-party special needs trust is that other family members — grandparents, aunts, uncles — can leave gifts to the trust rather than directly to your loved one. This keeps everyone's generosity working together without triggering benefit loss.What happens to the trust when my loved one passes away?
With a third-party special needs trust, remaining assets pass to whoever you designate — other children, other family members, or a charitable organization. There is no Medicaid payback requirement for third-party trusts. First-party trusts have different rules, which we explain in detail during your consultation.Do I need a special needs trust lawyer near me, or can this be done remotely?
We serve clients across the DFW metro from our offices in Richardson/Dallas and Arlington. Many families complete their planning through a combination of in-person and phone or video consultations. We work around your schedule and your comfort level.
Ready to Build a Plan That Lasts?
The best time to set up a special needs trust is before a crisis forces the decision. Whether your loved one is a child, an adult, or someone who recently received a settlement, we can help you build a plan that provides real security — now and for the future.
Call our Dallas office at 214-630-1221 or our Arlington office at 817-795-0202, or schedule a free consultation online. We serve families across DFW in English, Arabic, Vietnamese, Mandarin, and Spanish.