At the Estate Planning and Elder Law Offices of Gerhard & Gerhard, P.C., we understand that life is full of changes. Whether due to evolving family circumstances, changes in a beneficiary’s needs, or updates in federal or Pennsylvania law, modifying a Special Needs Trust (SNT) is often necessary—and more common than many people realize.
Why Modifications May Be Needed
Special Needs Trusts are designed to protect eligibility for government benefits while enhancing the quality of life for individuals with disabilities. However, over time, the original terms of the trust may no longer serve the best interests of the beneficiary. Common reasons for modification include:
- – A change in the beneficiary’s medical or financial condition
- – The death or incapacity of a trustee
- – The need to appoint a corporate trustee or successor trustee
- – Changes in federal or Pennsylvania law affecting trust administration
- – The desire to expand or restrict the trustee’s powers
- – Unclear drafting of the trust
- – Fixing a DIY trust that was prepared online
How Gerhard & Gerhard, P.C. Can Help
We carefully review the trust document, assess the current needs of the beneficiary, and determine whether a modification is advisable or necessary. In many cases, court approval is required to ensure that the changes comply with applicable laws and do not jeopardize the beneficiary’s eligibility for Supplemental Security Income (SSI) or Medicaid. We prepare and file the necessary legal documents and represent our clients throughout the court process.
Legal Fees and Trust Expenses
Reasonable legal fees for trust modification are permissible administrative expenses of the trust. We work with trustees and family members to ensure that the process is handled efficiently and cost-effectively.
Conclusion
If you believe a Special Needs Trust needs to be updated due to changed circumstances or legal developments, contact the Estate Planning and Elder Law Offices of Gerhard & Gerhard, P.C. today. We are here to help families in Montgomery, Philadelphia, and Bucks Counties navigate the legal process with confidence and care.
Ready to modify the trust?
If you believe a Special Needs Trust needs to be updated due to changed circumstances or legal developments, contact the Estate Planning and Elder Law Offices of Gerhard & Gerhard, P.C. today to schedule a consultation. Click here to contact Gerhard & Gerhard, P.C. and schedule a consultation today.
