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 Jill@OversimplyLLC.com.

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.