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Protective Planning

Austin Special Needs Estate Planning Attorney

Preserving government benefit eligibility while providing a lifetime of enhanced care for Austin families with special needs.

"A Special Needs Trust is more than just a legal document; it is a promise that your loved one will never be left without the resources they need to thrive. We build the safety net so you can focus on being a parent. - Kyle Robbins"

Many Travis County families and parents of individuals with disabilities operate under a dangerous sense of security, unaware that traditional estate planning or a standard last will and testament can cause catastrophic damage . Leaving a direct inheritance or an unstructured gift to a vulnerable loved one can trigger an immediate, mandatory "spend-down" requirement or cause a complete disqualification from critical government benefits like Supplemental Security Income (SSI) and Medicaid. At Robbins Estate Law, we reject "cookie-cutter" templates and generic legal forms. We recognize that true benefit preservation requires technical, courthouse-tested legal architecture designed strictly around the shifting regulations of the Social Security Administration, the IRS, and the Texas Health and Human Services Commission (HHSC).

Backed by our extensive experience navigating thousands of complex estate, trust, and disability planning matters across Central Texas, our legal team specializes in constructing airtight protective frameworks. Whether you need to establish a comprehensive Third-Party Special Needs Trust to secure a child's multi-generational care, protect a sudden windfall with a First-Party Self-Settled vehicle, or strategically maximize tax-advantaged savings using a Texas ABLE Account under Section 529A, we build the necessary safeguards. We provide the precise legal drafting required to satisfy strict regulatory oversight, ensuring that your family remains completely in control and your loved one’s quality of life is permanently insulated from financial or medical disruption.

The Special Needs Planning Toolbox

Standard estate planning can be disastrous for a person with special needs. A direct inheritance of even a small amount can cause an immediate "spend-down" requirement or loss of benefits. We utilize specific Texas-compliant tools to prevent this:

  • Third-Party Special Needs Trusts (SNT): The "Gold Standard" for parents and grandparents. This trust is funded with your assets to provide for a loved one, ensuring that any remaining funds stay within the family after the beneficiary passes.
  • First-Party (Self-Settled) SNTs: Used when a person with special needs receives a direct windfall, such as a personal injury settlement or an unplanned inheritance, to "shield" those assets under Social Security Administration rules.
  • ABLE Accounts (Texas ABLE): Utilizing Section 529A of the Internal Revenue Code to allow for tax-advantaged savings that do not count against the $2,000 SSI asset limit.
  • Letter of Intent: We help you draft a non-legal "roadmap" for future guardians and trustees, detailing your loved one's daily routine, medical history, and personal preferences to ensure continuity of care.

Why Professional Oversight is Mandatory

At Robbins Estate Law, we understand that special needs law is governed by a shifting landscape of federal and state regulations. In Austin, the Texas Health and Human Services Commission (HHSC) maintains strict oversight. A single drafting error, such as giving the beneficiary too much control over the funds, can result in a total loss of medical coverage. We provide the technical precision required to satisfy both the IRS and the Social Security Administration.

Case Study

The "Accidental" Inheritance

The Situation: An Austin client’s son, who has Down Syndrome and relies on Medicaid for his specialized medical care, was left $150,000 by a well-meaning grandfather. This inheritance put the son immediately over the asset limit, threatening his housing and healthcare.

The Solution: We worked quickly to establish a First-Party Special Needs Trust. By transferring the inheritance into the court-approved trust structure, we effectively "shielded" the money from being counted as a resource.

The Result: The son maintained his Medicaid and SSI benefits without interruption. The $150,000 is now being used to pay for "quality of life" expenses, such as private therapy, specialized equipment, and travel that government benefits do not cover.

Common Questions (FAQ)

No. If drafted correctly, a Special Needs Trust is considered an "exempt resource." The assets held within the trust are not counted toward the $2,000 asset limit for Supplemental Security Income (SSI) or Medicaid.

The trustee should be someone who is financially responsible and understands the strict "Distribution Rules" for special needs. Many Austin families choose a professional corporate trustee or a co-trustee arrangement to ensure long-term compliance.

An ABLE account is a simpler, tax-advantaged savings account with an annual contribution limit. An SNT is a more robust legal structure that can hold unlimited assets, including real estate and large inheritances, providing more comprehensive long-term protection.

Yes. Whether your loved one is a minor or an adult, we can establish a trust to protect their future. For adults who have recently become disabled, we often focus on "First-Party" structures to protect existing assets.

For a Third-Party SNT, you decide where the remaining money goes (e.g., to other children or a charity). For a First-Party SNT, the state may have a "Medicaid Payback" claim to recover the cost of care provided during the beneficiary's life.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with estate planning for special needs, asset protection, trust administration, probate and more.

Protect Your Assets

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Kyle Robbins

Attorney Review

"Protecting a vulnerable loved one requires a plan that is as unique as they are. We don't just protect their money; we protect their dignity."

- Kyle Robbins, Esq.

Don't Risk Their Benefits.

A simple mistake in a Will can jeopardize years of government support. Act now to ensure your estate plan provides for them correctly.
(512) 851-1248