At Gerhard & Gerhard, P.C., we understand the critical importance of preserving government benefits for individuals with disabilities who receive unexpected assets such as an inheritance or personal injury settlement. A court petition to establish a trust is not always needed, but when it is, our office can file the paperwork needed with the court to establish a first-party Special Needs Trust (SNT) to protect eligibility for public benefits like Supplemental Security Income (SSI) and Medicaid.
What is a First-Party Special Needs Trust?
A first-party Special Needs Trust is funded with the beneficiary’s own assets, typically from an inheritance, lawsuit settlement, or back payment of benefits. This type of trust allows individuals with disabilities to maintain eligibility for means-tested government programs while using the trust assets to enhance their quality of life.
When is Court Approval Required?
In Pennsylvania, court approval is often required to establish a first-party SNT when the beneficiary is a minor or lacks legal capacity. Our firm will assist families and guardians in preparing and filing the necessary legal documents to petition the Orphans’ Court for approval of a Special Needs Trust
How Gerhard & Gerhard, P.C. Can Help
Our attorneys provide comprehensive legal support throughout the court petition process, including:
- Drafting the trust document in compliance with federal and Pennsylvania law
- Preparing the court petition and supporting documentation
- Representing the client at the Orphans’ Court hearing
- Coordinating with financial institutions and public benefit agencies
Why Choose Gerhard & Gerhard, P.C.
With decades of experience in estate planning and elder law, our firm is uniquely positioned to guide families through the complexities of special needs planning. We are committed to protecting the rights and benefits of individuals with disabilities in Montgomery, Philadelphia, and Bucks Counties.
Contact Us
If your loved one has received an inheritance or settlement and is receiving government benefits, contact Gerhard & Gerhard, P.C. today. Petitioning the court is not always necessary, but when it is, our law firm can help you petition the court to establish a first-party Special Needs Trust. We proudly serve clients in Montgomery, Philadelphia, and Bucks Counties. Click here to contact Gerhard & Gerhard, P.C. and schedule a consultation today.
