If you have a child or family member with special needs, you’re probably used to planning ahead. However, many families don’t realize that a single misstep in estate planning can put a loved one’s government benefits at risk. A direct inheritance, even with good intentions, can create serious problems.
Special needs planning helps you protect benefits while still providing meaningful support for your loved one’s future. The Law Offices of Kobrick & Moccia helps families build estate plans that consider the long-term financial, medical, and personal needs of a loved one with disabilities. Led by attorney Anthony Moccia, the firm is focused on education, protection, and creating a plan that holds up in real life for New York families.
What Is Special Needs Planning?
Special needs planning is the process of building an estate plan that provides support for a loved one with disabilities without jeopardizing access to government benefits. Many benefit programs have strict rules about income and assets, and even a well-meaning gift can create a loss of eligibility.
Special needs planning often includes:
- A special needs trust (when appropriate)
- Coordination with wills and living trusts
- Beneficiary planning for retirement accounts and life insurance
- Long-term caregiver and decision-making planning
- Structured instructions for how funds should be used
Why a Standard Inheritance Can Create Problems
Many parents and relatives assume the best way to help is to leave money directly to a loved one. For someone receiving needs-based benefits, that can backfire.
A direct inheritance may lead to:
- Loss of eligibility for benefits like SSI or Medicaid
- Forced “spend down” requirements
- Administrative complications and delays
- Financial vulnerability or pressure from others
A well-built plan can give support without triggering these issues.
How Special Needs Trusts Can Help
A special needs trust is designed to hold assets for the benefit of a person with disabilities while keeping those assets separate from their personal ownership. That can help maintain eligibility for certain benefits while still allowing funds to be used for quality-of-life needs.
A trust can be used to help pay for things like:
- Additional therapies and supports not covered by benefits
- Education, job training, and enrichment
- Transportation or travel needs
- Adaptive equipment and technology
- Personal care services and recreation
The goal is to improve the individual’s quality of life without creating new problems.
Why Choose the Law Offices of Kobrick & Moccia for Special Needs Planning in Garden City, NY?
Special needs planning requires careful coordination, plainspoken explanations, and a plan built around real life — not assumptions. The Law Offices of Kobrick & Moccia is focused on helping families protect the people they care about most while preserving long-term stability. The firm also offers educational resources and seminars to help clients make informed decisions.
Attorney Anthony Moccia earned his law degree from Touro Law School and has been with the firm since 2006, later taking ownership in 2021. He is admitted to the New York State and Nassau County Bar Associations and is involved in the Elder Law and Trusts and Estates sections of those organizations.
Protect Your Loved One’s Future with the Right Plan
You shouldn’t have to choose between leaving support and protecting benefits. Special needs planning gives your family a clear path forward — one that provides care, structure, and financial stability for years to come.
To discuss special needs planning, reach out to the Law Offices of Kobrick & Moccia in Garden City, NY. Call (516) 248-9500 to schedule a consultation.