Six Areas of California
Estate Planning
Each practice area is approached with the same commitment — education first, clarity always, and support that extends well beyond the signing of documents.
Special Needs
Trust Planning in
California
California Special Needs Trusts: Securing Your Loved One's Future
Protecting loved ones receiving public benefits, without disrupting them.
A direct inheritance can unintentionally disqualify a loved one with disabilities from essential programs like SSI and Medi-Cal. These programs have strict eligibility rules regarding assets, and many families don't realize the risk until it's too late.
A properly designed special needs trust allows you to provide meaningful financial support to a loved one with a disability without disrupting their access to public benefits. We integrate this planning into a broader estate plan so nothing falls through the cracks.
- Preserve SSI and Medi-Cal eligibility
- Provide supplemental financial support beyond public benefits
- Third-party, first-party, and pooled trust structures available
- Careful trustee selection, care and liability considered
- Integrated with your revocable living trust
- Long-term care and quality-of-life planning framework
Special Needs Trust
Thoughtful planning that preserves essential benefits while providing family support.
SSI
Typical Cost Range
3
Trust Structure Available
Our Process
Third-Party Trust
Created by parents or family, most common for estate planning
First-Party Trust
Funded with the beneficiary's own assets (e.g., settlement)
Pooled Trust
Administered by nonprofit, combines resources, separate accounts
Caring for a loved one with special needs? Let's explore your options.
Book a Free Clarity CallFrequently Asked Questions
What is the purpose of a special needs trust?
A special needs trust allows assets to be used for a beneficiary with a disability without disqualifying them from certain public benefits like SSI and Medi-Cal. Assets are managed by a trustee who makes distributions that supplement — rather than replace — public assistance.
Can a special needs trust be part of a revocable living trust?
Yes. Many families incorporate special needs provisions directly into their broader estate plan, coordinating the special needs trust with a revocable living trust, wills, and powers of attorney.
Does every family with a disabled child need a special needs trust?
Not always. Planning depends on the beneficiary's circumstances, the public benefits they receive, and the family's estate structure. We discuss whether a trust is appropriate during the planning process.
Estimate California
Probate Fees
California probate attorney fees are set by statute and calculated based on the gross value of the probatable estate — not the net equity after mortgages or debts.
This means a home worth $1,200,000 with a $900,000 mortgage may still generate fees based on the full $1,200,000 value. Use this calculator to estimate.
ESTATE VALUE
ATTORNEY FEE RATE
First $100,000
4%
Next $100,000
3%
Next $800,000
2%
Next $9,000,000
1%
Both the attorney and executor are entitled to this statutory compensation. Extraordinary fees may apply for real estate sales or litigation.
Understand the cost of probate.
Enter the gross fair market value of the estate — before any mortgages or debts.
START WITH CLARITY
Estate planning does not need to feel overwhelming.
Understand your situation - Answer initial questions - Determine the right next step