Special needs planning in California isn’t just for the wealthy; it is a vital safety net for any family caring for a loved one with unique requirements. It is basic protection that ensures your family member is cared for exactly how you intended, and remarkably, the cost to set it up is often less than one year of car insurance.
No parent wants to imagine a time when they aren’t there to provide care, but leaving your child’s future up to the state of California is a risk you simply cannot afford to take. When a person with special needs receives an inheritance directly, it often triggers a “benefit cliff.”
In California, eligibility for programs like SSI and Medi-Cal depends on strict asset limits. While Medi-Cal asset limits have changed significantly in recent years and continue to evolve, receiving a direct inheritance can still immediately disqualify them from life-sustaining services, forcing them to “spend down” their legacy on basic care that the state would have otherwise covered.
Furthermore, without a proper special needs trust in California:
As a dedicated estate planning lawyer serving the La Crescenta, Montrose, and Sunland-Tujunga communities, my goal is to keep your family out of court and out of conflict. I have redesigned the traditional law firm experience to be accessible, transparent, and completely centered around your peace of mind.
Protecting your child’s future shouldn’t feel like a second job. Our streamlined process is designed to handle the legal heavy lifting while you focus on your family.
We meet via Zoom or phone to discuss your child’s specific needs, your goals, and how a special needs trust can help.
You complete a simple, secure online intake form at your own pace.
I get to work drafting a comprehensive, carefully prepared plan tailored to protect both your assets and their eligibility for benefits.
We meet via Zoom to review your documents together. I explain everything in plain English, ensuring you feel confident in every decision.
We will officially execute your documents. This can be done via a mobile notary who comes to you or through a coordinated virtual signing process.
I provide clear, step-by-step instructions on how and when to "fund" your trust.
A non-legal but crucial “roadmap” for future caregivers, detailing routines, medical history, likes, and dislikes.
Clear instructions on who will manage the money for your child when you can no longer do so.
We discuss when a conservatorship may be appropriate and connect you with our preferred vendor, saving you money.
Statutory fees in California are high (starting at 4% on the first $100k). On a $500,000 estate, fees can easily exceed $25,000. That is money that should be used for care, not court costs.
They may lose their medical coverage or housing subsidies overnight due to a "countable" inheritance.
Leaving money to a sibling with the "understanding" they will use it for their differently abled brother or sister creates significant legal and financial risks. That money can be lost to the sibling's creditors, a divorce settlement, or an unrelated lawsuit.
Estate planning isn’t just for the ultra-wealthy, it is for anyone who wants to leave a legacy of peace for their family. This process is critical for:
Modern life moves fast, and for caregivers, finding time to visit a law office during business hours can be a major barrier to getting your affairs in order. By choosing a virtual attorney, you receive the same high-level legal knowledge without the commute or the need for childcare. We use secure, encrypted platforms to ensure your data is protected while offering maximum flexibility for your schedule.
At Jolene Blackbourn – Estates, we believe special needs planning is about more than just filling out legal forms; it’s about giving you and your family ultimate peace of mind. Here is what sets us apart:
As a parent of two children with special needs, I know how busy you are and how hard it can be to get accurate advice. When I advise my clients, it’s not just because I’ve done the research; it’s because I’ve lived it.
We take the time to listen to your unique family dynamics, fears, and goals. You will never feel rushed or judged.
Our flat-fee pricing means you know exactly what your investment is upfront. No surprise hourly bills or confusing legal jargon.
We’ve eliminated the stuffy law office experience. With our fully virtual process, you can protect your family from the comfort of your couch.
State probate and special needs laws are notoriously complex. We craft carefully prepared structures designed specifically to protect your assets and your loved one's benefits.
La Crescenta, Montrose, Tujunga, Sunland, Verdugo Mountains, and surrounding communities in Los Angeles County. Fully virtual services are available statewide.
If you are a Self-Determination Program participant, you may be able to receive an estate plan, including your special needs trust, for just $500 out of pocket. Ask during your consultation to learn more.
La Crescenta, Montrose, Tujunga, Sunland, Verdugo Mountains, and surrounding communities in Los Angeles County. Fully virtual services are available statewide.
A Third-Party SNT is created by you (a parent/grandparent) with your money for the benefit of another. It has no “Medi-Cal payback” requirement. A First-Party SNT is funded with the differently abled person’s own money (like a court settlement) and must pay the state back upon their death.
Yes. SSI is a needs-based program. In California, if a recipient has more than $2,000 in “countable assets,” their benefits will likely be suspended until they “spend down” the money.
Often, yes. They work well together. An ABLE account (529A) offers tax advantages and flexibility for daily expenses, while the SNT is better for larger assets like a home or significant inheritance.
We recommend a review every 5 years, or whenever there is a change in government benefit laws (like recent Medi-Cal updates), a change in your family’s finances (such as receipt of an inheritance), or a change in your family member’s health status.
Yes, you can appoint co-trustees (e.g., a sibling and a professional trust company) to balance family personal touch with professional financial management.
