Special Needs Trust Attorney in Coral Gables, FL

An Inheritance Can Disqualify Your Loved One From the Benefits They Depend On. Unless You Plan Ahead.

If someone you love has a disability and relies on Medicaid, SSI, or other government benefits, leaving them money directly—through a will, a standard inheritance, or a beneficiary designation—can eliminate those benefits the moment they receive it.

Not because of a technicality. Because federal and Florida law count assets above a small threshold as disqualifying resources. A $10,000 inheritance can end Medicaid coverage that’s worth far more than that each month.

A special needs trust is how Florida families protect both the inheritance and the benefits at the same time. At Family Life Law, our special needs trust lawyers in Florida help families throughout Coral Gables, Pinecrest, Coconut Grove, and Miami-Dade structure these trusts correctly—so the people they love are provided for without losing a single benefit they’ve worked to qualify for.

What Happens When There's No Special Needs Trust in Place

A direct inheritance eliminates government benefits immediately.

SSI has a resource limit of $2,000 for an individual. Medicaid eligibility in Florida is tied to similar thresholds. The moment a person with a disability receives an inheritance that pushes them above those limits, they lose eligibility. They're then expected to spend down those inherited assets on their own care until they qualify again—which means the money you worked to leave them pays for what their benefits would have covered anyway, and then it's gone.

A standard will doesn't protect against this.

Even a carefully written last will and testament that names a disabled beneficiary can trigger benefit disqualification if the assets pass to them directly. Good intentions don't override federal benefit rules. The document has to be structured the right way—and that means a trust.

Without a plan, the court steps in.

If a person with a disability receives a settlement, an inheritance, or any significant sum without a trust in place, a Florida court may need to establish a guardianship or a court-supervised trust to manage those funds. That process is slow, expensive, and removes control from the family entirely. A properly drafted special needs trust prevents all of it.

What a Special Needs Trust Actually Does

A special needs trust—sometimes called a supplemental needs trust—is a legal arrangement that holds assets for the benefit of a person with a disability without those assets counting against their eligibility for government benefits. Under Florida Statute § 736.0505 and federal Social Security guidelines, assets held correctly in a special needs trust are not counted as available resources for SSI or Medicaid purposes.

The trust doesn’t replace government benefits. It supplements them—covering the things those benefits don’t, such as:

Transportation and vehicle expenses
Education, job training, and technology
Personal care items and clothing
Recreation, travel, and quality-of-life expenses
Home furnishings and accessibility modifications
Legal and advocacy fees

The result is a dramatically better quality of life for your loved one, funded by your estate, without interrupting a single benefit they receive.

Types of Special Needs Trusts a Florida Lawyer Can Help You Create

Not every special needs trust is the same. The right structure depends on where the assets are coming from and who is creating the trust.

Third-Party Special Needs Trust

This is the most common type—created and funded by a parent, grandparent, or other family member using their own assets to benefit someone with a disability. Because the assets never belonged to the beneficiary, there is no Medicaid payback requirement when the beneficiary passes away. Whatever remains in the trust goes to whoever you designate. This is the trust most families need, and the one a special needs trust lawyer in Florida will most often recommend when you're doing estate planning for a child or family member with a disability.

First-Party Special Needs Trust (d4A Trust)

This type is funded with assets that belong to the person with a disability—typically from a personal injury settlement, an inheritance received without a trust in place, or accumulated savings. Because those assets belonged to the beneficiary, federal law under 42 U.S.C. § 1396p(d)(4)(A) requires a Medicaid payback provision: when the beneficiary passes, the state is reimbursed for Medicaid costs before any remaining funds go to other heirs. It must be established by a parent, grandparent, legal guardian, or court, and the beneficiary must be under 65.

Pooled Special Needs Trust

Managed by a nonprofit organization, a pooled trust combines funds from multiple beneficiaries into a single investment pool while maintaining individual accounts for each. This can be a cost-effective option for smaller estates or situations where professional management is preferred. Florida has several established nonprofit organizations that administer pooled trusts.

What Working With a Special Needs Trust Attorney at Family Life Law Looks Like

Tell Us Everything.

Your first conversation covers your loved one's specific situation—their diagnosis, which benefits they currently receive, what assets you intend to leave them, and what kind of life you want the trust to support. Every detail matters here, because the wrong structure doesn't just fail to help—it can actively cause harm by triggering a benefit review.

Get a Clear Path Forward

We draft the trust to meet both Florida law and federal benefit program requirements, name a trustee who understands how to administer a special needs trust properly, and make sure your other estate planning documents—your will, your power of attorney, and any other trusts—all work together without accidentally directing assets to your loved one outside the trust.

Get Back to Your Life

Once the trust is in place, you have the confidence that your loved one will be provided for—by your estate, not by the state—and that the benefits they depend on will remain intact. We remain available as your family's circumstances change and can help update the plan when needed.

What our customers say

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   Anthony Calore 
 
 
 
 Trustindex verifies that the original source of the review is Google. Julio Morales was excellent. Him and his team were swift and extremely helpful. 1 month probate with a very justified rate.
  
 
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   Rachel Cunningham 
 
 
 
 Trustindex verifies that the original source of the review is Google. Julio recently supported me through the probate process after the death of my parents. We had one account that was not included in their trust (work was done by another attorney at another office unrelated to Family Life Law). Julio stands out as a top notch attorney because of his incredible responsiveness and follow through. Chase Bank did not want to disburse funds, even with a judge's order signed, but Julio persisted and supported me, going well above and beyond the scope I expected. I have recommended Julio to several friends/family already and have told other attorneys I know how incredible he is! I plan to work with Julio to now create my own trust and go through the process! I highly recommend Julio.
  
 
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 Trustindex verifies that the original source of the review is Google. Tuve una gran experiencia con este bufete de abogados, estoy muy contenta con su trabajo, el proceso fue rapido, agradecida con Elvis por su atencion, muy profesional, te explica todo muy bien aclarando todas las dudas, sinceramente los recomiendo mucho. Es un bufete muy profecional y todos son muy atentos . Gracias...
  
 
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   Abel Santiago Guerrero 
 
 
 
 Trustindex verifies that the original source of the review is Google. This was a very trying event, life changing. My main concern was making sure my son was in safe place, healthy, and happy. The Family Law Firm's entire staff made sure that was always the case and they included this father's well-being also. Stressful times made as easy as possible. Somehow they found a way to make me look a that big picture and not just the immediate resolution. Although, those moments if immediate solution were taken care of also. The communication was exceptional, Mr. Brett listened, and when he needed to let me know to calm down and stop talking so much because it could be costly, he found humorous ways to let me know. We all know these matters are costly, but no money can replace keeping a family from resolving such issues than with civility and as amicable as possible. Thank you from the bottom of my heart to the entire F&M "A Law Firm" staff. Be Blessed Always, Mr. Brett, Ms. Sarah, Ms. Capote, and Ms. Priscilla. Take good care.
  
 
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 Trustindex verifies that the original source of the review is Google. Elvis Acosta was great, he helped us out with everything we needed in terms of our estate planning. He was very thorough and explained everything and was patient. He made great recommendations and we're very happy with our service and Martha Mendez Esq. All of the personnel were friendly!
  
 
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   Yonel Enriquez 
 
 
 
 Trustindex verifies that the original source of the review is Google. The team and Feinstein & Mendez was spectacular to work with.  Brett took real care of me, was diligent, was transparent, and really made me feel comfortable in the process.  I appreciated his candor and most of all how he made sure I felt comfortable with the approach.  Sometimes its not what you say to people its how you make them feel, and Brett made me feel good and protected as he represented me.  Thank you again Brett for everything and if you need a team of Attorneys to help and take care of you, who will have your back, and who will make sure you are well represented, Give Feinstein & Mendez a call, you won't regret it.
  
 
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   Lydia Lopez 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was very satisfied with the help provided by Julio Morales. I worked with him on a probate case and everything was done over the phone. The probate process was quick and efficiently completed.
  
 
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   Mario Gonzalez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Had a great experience in my consultation with Martha Mendez.  She took her time and explained about lady bird deed.
  
 
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   Rosemary Cohn 
 
 
 
 Trustindex verifies that the original source of the review is Google. Wonderful experience setting up our estate plan! We couldn't be happier with the service we received at Feinstein & Mendez, P.A. Creating an estate plan can feel overwhelming, but Attorney Martha Méndez and her assistant Elvis Acosta made the entire process smooth and stress-free from day one. Ms. Méndez took the time to walk us through every single detail of our trust with so much patience and clarity. We never felt rushed, and she answered all of our questions thoroughly. Elvis was fantastic as well, super responsive, organized, and on top of every detail, making sure we received all of our digital and physical documents promptly. It is such a relief to know that our family’s future is properly protected. If you need estate planning services, we highly recommend this firm. They are professional, transparent, and a true pleasure to work with. — Mario & Rosemary Cohn Excelencia, claridad y profesionalismo absoluto Queremos expresar nuestro más sincero agradecimiento a todo el equipo de Feinstein & Mendez, P.A., y de manera muy especial a la Abogada Martha Méndez y a su asistente Elvis Acosta, por el extraordinario servicio brindado en la elaboración de nuestro plan patrimonial (Estate Planning). Desde nuestra primera consulta hasta la entrega final de los documentos originales y digitales, el proceso fue impecable. La abogada Méndez demostró un conocimiento técnico profundo, explicándonos cada detalle de nuestro Fideicomiso y los instrumentos legales con absoluta claridad y paciencia. Por su parte, Elvis Acosta se destacó por su eficiencia, pronta comunicación y atención al detalle en cada paso del trámite. Nos sentimos completamente tranquilos y respaldados al saber que nuestro patrimonio y el futuro de nuestra familia están protegidos por verdaderos profesionales. Recomendamos a Feinstein & Mendez, P.A. sin reserva alguna a cualquiera que busque un servicio legal transparente, riguroso y de primer nivel. — Mario y Rosemary Cohn

Answering Frequently Asked Questions

Can I just leave money to a sibling and ask them to use it for my family member with a disability?

This is one of the most common plans families come to us with—and one of the most dangerous. Leaving assets to a sibling with an informal understanding is not legally enforceable. If that sibling divorces, gets sued, goes through bankruptcy, or passes away before your family member with a disability, those assets are gone. There’s no trust, no protection, and no legal obligation for anyone to honor the arrangement. A properly drafted special needs trust protects against all of those scenarios and makes the arrangement legally binding and tax-efficient.

Will having a special needs trust affect my loved one's Medicaid or SSI?

When drafted correctly, no. The entire purpose of a special needs trust under § 736.0505 is to hold assets in a way that doesn’t count against benefit eligibility. But the language matters enormously. A trust that gives the trustee too much discretion—or that allows distributions for basic support—can be treated as an available resource and trigger a review. This is why working with a special needs trust lawyer in Florida who understands both the trust law and the benefit program rules is essential.

Who should I name as trustee?

The trustee of a special needs trust carries a significant responsibility—managing investments, making appropriate distributions, filing required accountings, and staying current with benefit program rules that affect what the trust can and can’t pay for. A family member can serve, but they need to understand the limitations. Many families name a trusted family member as trustee with a professional co-trustee or successor trustee as a backup. We help every client think through this decision carefully, because the right trustee makes the trust work the way it’s supposed to.

What if my family member with a disability is also receiving a personal injury settlement?

A first-party special needs trust—also called a d4A trust—is specifically designed for this situation. Rather than receiving the settlement directly (which would eliminate benefits), the funds go into the trust, preserving eligibility while still making the money available for your loved one’s care and quality of life. Florida courts can also establish these trusts when a guardian petitions on behalf of the beneficiary. If your family member is currently in the middle of a personal injury matter, it’s worth speaking with a special needs trust lawyer in Florida before the settlement is finalized.

Does a special needs trust need to be updated over time?

Yes. Benefit program rules change, your loved one’s needs change, and your own estate changes over time. A trust that worked perfectly when it was created may need to be reviewed as Florida Medicaid rules are updated or as the beneficiary ages. We make it easy to revisit the plan and keep it current so the protection never lapses.

Can a special needs trust be combined with other estate planning tools?

Absolutely—and it usually should be. A special needs trust handles the assets designated for your loved one, but it doesn’t replace a durable power of attorney, a living will, or a guardianship arrangement for someone who may need help managing their own affairs. We look at the full picture and make sure every piece of the plan fits together.

Contact a special needs lawyer today

Your Loved One Deserves Both the Inheritance and the Benefits.

Families don’t get a second chance to fix a poorly structured inheritance after benefits are lost. Working with a special needs trust lawyer in Florida before assets transfer is how you make sure that never happens. A special needs trust lawyer in Florida can make sure they keep both. At Family Life Law, we understand what’s at stake—not just legally, but for the person you’re trying to protect and the peace of mind you’re trying to find.

Contact Family Life Law today. We’ll review your family’s situation, explain exactly what type of trust fits your circumstances, and build a plan that actually works for the people who matter most.

Martha Mendez

Estate Planning Attorney at Family Life Law

Martha Mendez, Esq. is a highly dedicated attorney with seven years of experience specializing in elder and estate planning, real estate, and family law. Her unique professional journey—rising from a legal secretary and paralegal to an attorney—reflects a deep commitment to the field, culminating in a Juris Doctor earned cum laude from St. Thomas University. A member of the National Academy of Elder Law Attorneys, Martha is passionate about protecting her clients' assets and navigating complex life transitions with expertise. When she isn't advocating for her clients, the Florida International University alumna enjoys boating, kayaking, and traveling with her husband and three children.