Friendly Elder Law & Estate Planning Services

Special Needs Planning2021-03-19T16:43:40+00:00

Tri Cities Special Needs Planning Attorney

A Special Needs Trust (also known as a supplemental needs trust) is designed to hold and protect financial assets for the benefit of the disabled beneficiary. The trust is a legal structure used to collect and manage the assets and may receive contributions from a variety of sources. Including from the distribution of an estate or a settlement from a personal injury matter. A special needs trust can be used to maintain a disabled person’s government aid.

Protecting a loved one with a special needs trust can ensure there is no lapse in government benefits. We offer your loved one protection, so they can still receive benefits from the government. A Tri Cities special needs planning attorney at Evergreen Elder Law understands how to ensure you receive your government benefits and still receive benefits from a personal injury, settlement, or inheritance.

Why You Should Consider a Special Needs Trust:

  • To protect assets that belong to a beneficiary with a disability who needs benefits (such as Medicaid).
  • To hold assets such as a personal injury settlement or inheritance awarded to a disabled person already receiving benefits (such as social security disability or Supplemental Security Insurance)
  • To receive assets from an elderly disabled person who is trying to qualify for Medicaid themselves.

The main purpose of a Special Needs Trust is to ensure there is no lapse or reduction in benefits and to avoid a penalty period being imposed for benefits because of an improper transfer of funds. When a special needs individual receives an inheritance or a Legal Settlement the beneficiary is considered to be the owner of the assets. If these assets are paid into a special needs trust (SNT), then they are excluded from government aid calculations. The offset is that when the beneficiary dies, assets remaining in the trust can be claimed by the government to reimburse them for medical and other costs paid through government programs.

Working with a Tri Cities special needs planning attorney will help you to ensure your loved ones are taken care of in the best way possible.

Frequently Asked Questions About Special Needs Planning in Kennewick, Pasco & Richland

Who Can Establish a Special Needs Trust in Eastern Washington?

Anyone can establish a special needs trust for the benefit of another. Most families will want to do so under the direction of an attorney in order to properly handle the related tax and estate planning details. Special needs trusts have a variety of important uses and can be an effective planning tool for families who want to ensure a person with disabilities is taken care of in the future.

Can A Special Needs Person Directly Access the Trust?

The special needs beneficiary cannot directly access the Special Needs Trust funds. The funds can be used to pay vendors directly for services such as personal care attendants, medication, physical therapy, vehicles, transportation, travel, clothing, education, medical or dental bills. This type of trust is an excellent tool to increase a person’s quality of life.

Do I Need an Attorney To Set Up an SNT in Tri Cities?

SNTs must be properly drafted in order to protect a beneficiary’s right to receive means-tested public benefits. To best protect the government benefits for which an individual with disabilities may be eligible, it is important to discuss which type of SNT should be used in a specific situation with an attorney who is proficient in special needs planning.

Contact a Tri Cities Special Needs Planning Lawyer Today

If you are receiving any government benefits and anticipate an inheritance call Evergreen Elder Law to obtain help setting up a Special Needs Trust. We help people keep government benefits and still receive an inheritance or settlement. We offer a free one-hour consultation to discuss your options.


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Special Needs Planning Attorney Spokane & Tri Cities

Our Practice Areas

Wills and Trusts


Estate Planning




Medicaid and Long Term Care Planning


Special Needs Planning


VA Benefits-Pension Aid and Attendance



I did some research and exploration and came upon the offices of Evergreen Elder Law. From the moment I spoke with the receptionist I felt respected, valued and regarded as an important client. I made an appointment for March 20, 2018. When I presented to their offices I spoke with someone who was sympathetic for my loss, confident that their offices could help and exuded competence. I was heartened to note that they were recognized as “Client Choice “Estate Law Office” for 2016.” And my experience with their offices made me a believer.


When my mother retired it became apparent we as a family needed help, Holland Mcburns was recommended by an acquaintance of the family. She was professional and very thorough and informative. I felt she was very up to date on the current opportunities that would best benefit my elderly mother, and make her retirement years worry free. After working with Mrs Mcburns, it was apparent that many people would benefit from her knowledge and dedication. I highly recommend her, and look forward to working with her on my estate planning.


Holland is very attentive and detail oriented. I felt well cared for, she returned calls promptly, and was always very sensitive to my needs. Holland gave me very good advice. She is very ethical and has legal services personalized to your needs.


Holland is a great listener and lawyer. When we came to her with our needs, she thoughtfully listened, was helpful with all our questions, and then explained our options. Her sense of humor helped us through some long waits with the system. In the end, we ended up with a surprisingly favorable settlement and a good friend in the courts.

Nadine and Mark Huck

Holland is truly one of the most sincere and professional attorneys I have come to know and over many years in the legal field. Her work is innovative in the complex area of estate planning and she strives to know the latest legal strategies to protect and represent her clients. Holland is dedicated to satisfying her clients’ needs and does it in a kind manner. She is a wonderful communicator both with her clients and with her colleagues. I highly recommend her to anyone in need of legal services.

Leesa Van Zandt

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The Evergreen Elder Law Team

Evergreen Elder Law is committed to helping you create comprehensive legal, financial, and physical security for you and your loved ones. Serving the Spokane, Tri Cities and Coeur d’Alene regions, we have the knowledge, compassion and professionalism to guide you in planning for the future, giving you peace of mind as you or a loved one makes important decisions for your family and future. We have Spanish-speaking staff available.

Let us provide you with a free 60-minute consultation. We are available throughout the week by phone and e-mail. Contact us now to set up the initial consultation, and we will make meeting with us easy. We welcome the opportunity to meet with you to come up with the best plan to meet your needs. We are available in-person or via tele-conference.


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