In this episode, Jill welcomes Kristen Lewis, a nationally recognized special needs estate planning attorney, to unpack the critical legal and financial steps families should take to secure the future of a loved one with special needs. They explore common misconceptions, how traditional estate planning often fails these families, and why comprehensive special needs planning requires much more than just drafting a trust.

This is Part 1 of a two-part conversation, diving deep into government benefits, asset limits, trust types, and common pitfalls. Whether you’re a parent, grandparent, or caregiver, this episode is packed with essential guidance to help you plan with confidence.

Topics Discussed

• Why traditional estate planning is often insufficient for families with a loved one who has a disability
• The network of special needs trusts — not just one trust, but several working together
• The importance of a coordinated family approach to avoid well-meaning but harmful gifts or inheritances

Government Benefits

• SSI (Supplemental Security Income) and Medicaid
• SSDI (Social Security Disability Insurance) and Medicare

Essential Trust Types Explained

• Third-party special needs trusts (funded by parents, grandparents, etc.)
• First-party special needs trusts (funded with the assets of the individual with the disability)
• Understanding the Medicaid payback requirement — and how to avoid it when possible

Common Mistakes & Misconceptions

• Why disinheriting a child with special needs is NOT the solution
• How grandparents’ gifts and bequests can unintentionally disrupt eligibility for government benefits

Articles & References

• The Case for Updating SSI Asset Limits – Center on Budget and Policy Priorities
• Georgia Council on Developmental Disabilities - Georgia’s NOW/COMP Waiver Waitlist: The Time is Now
• Bobby Dodd Institute - How to Get Approved for a Medicaid Waiver by Only Following This Simple Checklist
• Transcripts for The Death Readiness Podcast

Questions about special needs estate planning?

Email Jill at [email protected] 

If she notices a lot of the same questions, she and Kristen will record a follow-up episode to answer these popular questions.

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Programming Note: The Death Readiness Podcast is moving to an every-other-Friday release schedule to bring you thoughtful, high-quality content in a sustainable way.

This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.