Special Needs Trust Attorney in Costa Mesa

Planning for a loved one with special needs is one of the most important — and most complex — things a family can do.

You want to make sure they are taken care of when you are no longer here to do it yourself. But if you leave money directly to a person receiving SSI or Medi-Cal, you could accidentally disqualify them from the very benefits they depend on. A single inheritance — even a modest one — can push them over the asset limit and cut off their government assistance entirely.

The solution is a special needs trust — a legal structure specifically designed to hold assets for a person with a disability without affecting their benefit eligibility. At Amo Law Legacy Planning, attorney Cecilia Amo helps families across Costa Mesa and Orange County create these trusts with the precision they require. The rules are strict, and the drafting has to be exactly right — which is why working with a specialist matters.

If you are researching how to leave money to a disabled child, protect a family member’s benefits, or understand what a special needs trust actually does, this page is a good place to start. For a broader overview of how estate planning works in general, Wikipedia offers a solid foundation — but special needs planning is a specialized area that goes well beyond standard estate planning.

The Core Risk

Why a Direct Inheritance Can Hurt More Than Help

SSI (Supplemental Security Income) and Medi-Cal both have strict asset limits. As of current federal guidelines, an SSI recipient cannot have more than $2,000 in countable assets. If your loved one receives a direct inheritance — through a will, a beneficiary designation, or as a gift — those funds count toward that limit immediately.

Exceeding the limit does not just reduce benefits. It can eliminate them entirely until the excess assets are spent down. This means a well-intentioned inheritance can actually leave your loved one in a worse position — with reduced government support and funds that may run out before their needs do.

Your Legal Options

Types of Special Needs Trusts

Not all special needs trusts are the same. The right type depends on where the money is coming from, who is setting up the trust, and the beneficiary’s specific situation. Attorney Cecilia Amo will help you identify which structure — or combination of structures — is right for your family.

What the Trust Covers

What Can a Special Needs Trust Pay For?

A special needs trust is designed to supplement — not replace — government benefits. The trustee can use trust funds to pay for goods and services that SSI and Medi-Cal do not cover, dramatically improving the beneficiary’s quality of life without affecting their eligibility.

Allowable expenses typically include:

Full-Picture Planning

Integrating Special Needs Planning Into Your Overall Estate Plan

A special needs trust does not exist in isolation. It needs to be coordinated with every other part of your estate plan — your will, your other trusts, your beneficiary designations on life insurance and retirement accounts, and your plans for any other children or heirs.

One of the most common mistakes families make is failing to update their beneficiary designations to match their special needs trust. If your life insurance policy names your disabled child directly as beneficiary, that payout goes directly to them — potentially disqualifying them from benefits overnight. The policy should instead name the special needs trust as beneficiary, so the funds flow into the trust and remain protected.

Attorney Amo also helps families think through the long-term management of the trust — including who will serve as trustee, what happens when the trustee is no longer able to serve, and how the trust will be administered decades from now. For families with a blended family structure, these questions become even more important, as the interests of children from different relationships need to be carefully balanced alongside the special needs beneficiary’s long-term care.

A letter of intent — while not a legal document — is another powerful tool attorney Amo encourages special needs families to create alongside the trust. This is a personal document in which you describe your loved one’s daily routines, medical needs, preferences, relationships, and wishes for their future. It gives future trustees and caregivers an invaluable roadmap for caring for your loved one in a way that truly reflects who they are.

California-Specific

SSI Inheritance Rules in California: What You Need to Know

California follows federal SSI rules but also offers Medi-Cal — the state’s Medicaid program — which has its own asset rules and eligibility requirements. When planning a special needs trust in California, both federal SSI regulations and California Medi-Cal rules must be taken into account simultaneously.

California eliminated the Medi-Cal asset limit for most recipients in 2024, which changed the planning landscape for some families. However, SSI still maintains a strict $2,000 asset limit, and a direct inheritance or gift to an SSI recipient can still cause benefit interruption. The interaction between SSI and Medi-Cal eligibility requires careful analysis — which is exactly the kind of situation where having a California-licensed special needs planning attorney is essential.

Attorney Cecilia Amo stays current on California-specific rules and federal SSI regulations so that the trusts she drafts are compliant, durable, and designed to work over the long term — not just at the moment of signing.

Common Questions

Special Needs Trust FAQ