Special Needs Trust Lawyer Somerset County NJ | SRIS, P.C.
Special Needs Trust Lawyer in Somerset County, NJ — Protecting Benefits
A Special Needs Trust in Somerset County, NJ, is a legal tool under the NJ Uniform Trust Code (N.J.S.A. 3B:31-1) designed to protect an individual’s eligibility for government benefits like Medicaid and SSI while providing supplemental support. Law Offices Of SRIS, P.C.
Understanding Special Needs Trusts in New Jersey
A Special Needs Trust (SNT), sometimes called a supplemental needs trust, is a fiduciary arrangement established for a person with a disability. Its primary purpose is to manage resources for the beneficiary’s benefit without disqualifying them from needs-based government programs such as Medicaid and Supplemental Security Income (SSI). The trust assets are used to pay for supplemental expenses that enhance the beneficiary’s quality of life—like personal care attendants, education, transportation, and recreation—which public benefits do not cover.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a detailed understanding of both the legal framework and the practical implications of trust administration. Properly drafted, a Special Needs Trust provides peace of mind that an inheritance, legal settlement, or other funds will be used to improve a beneficiary’s life without unintended negative consequences.
Official Legal Resources
For the full text of the governing law, refer to the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) (official New Jersey Legislature). Procedural guidance for trust administration in Somerset County can be found through the Superior Court of New Jersey, Somerset Vicinage website.
Key Considerations for Somerset County Families
In Somerset County, establishing a Special Needs Trust involves handling specific state statutes and Surrogate Court procedures. A critical local procedural fact is that while wills are probated through the Surrogate’s Court, the ongoing administration of a Special Needs Trust is governed by the NJ Uniform Trust Code and overseen by the appointed trustee, not the court. However, proper registration and compliance are essential. The inheritance tax waiver must be obtained from the NJ Division of Taxation, which remains a key step even for trust assets.
- Consultation & Assessment: Meet with a Special Needs Trust attorney to review the beneficiary’s situation, current benefits, and family resources.
- Trust Design & Drafting: Determine the appropriate type of SNT (first-party or third-party) and draft the trust document with precise language required by NJ law and federal benefit programs.
- Funding the Trust: Transfer designated assets (cash, investments, settlement proceeds) into the trust, ensuring proper titling and documentation.
- Appointing a Trustee: Select a capable and trustworthy individual or corporate entity to manage the trust assets and make distributions.
- Administration & Compliance: The trustee manages distributions for supplemental needs, maintains detailed records, and files required tax returns to preserve public benefit eligibility.
Why Special Needs Trust Planning is Critical
In Somerset County, improper estate planning for a disabled beneficiary can result in the loss of essential Medicaid and SSI benefits, forcing the use of inherited funds for basic care until assets are depleted.
Without a Special Needs Trust, an inheritance or direct gift to an individual receiving government aid is counted as an available asset. This typically triggers a loss of benefits until the funds are spent down, often on basic medical and living costs the benefits previously covered. A properly structured SNT avoids this, ensuring the funds are preserved for supplemental uses that truly enhance the beneficiary’s life over the long term.
Results may vary. Prior results do not aim for a similar outcome.
Our Approach to Special Needs Trust Law
Law Offices Of SRIS, P.C., founded in 1997, operates with the principle of “Advocacy Without Borders.” With a combined attorney experience of over 120 years, our firm has handled thousands of matters. For families in Somerset County, we apply a focused, detail-oriented approach to Special Needs Trust planning. We understand that these plans are not just documents but are foundational to a vulnerable individual’s lifelong security and dignity. Our guidance is geared toward creating a seamless structure that works harmoniously with state and federal benefit programs.
Contact a Special Needs Trust Attorney in Somerset County
If you are caring for a child or adult with disabilities in Somerville, Bridgewater, or surrounding communities, proactive planning is essential. A Special Needs Trust Law Firm Somerset County NJ like Law Offices Of SRIS, P.C. can help you build a secure future for your loved one.
We offer 24/7 phone consultations to discuss your situation. Contact us to schedule a meeting at our New Jersey location.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-9900
By appointment only.
Special Needs Trust Lawyer Somerset County NJ FAQ
What is the main benefit of a Special Needs Trust in NJ?
Yes. The primary benefit is preserving eligibility for needs-based government benefits like Medicaid and SSI. Assets held in the trust are not counted against the beneficiary’s resource limits, allowing the funds to be used for supplemental care and quality-of-life expenses that public programs do not cover.
Can I leave money directly to my disabled child in my will?
No, you should not leave money directly to a disabled child who receives government benefits. A direct inheritance is considered an available asset and will likely cause immediate disqualification from Medicaid and SSI. Instead, you should establish a third-party Special Needs Trust within your estate plan to receive the inheritance.
What is the difference between a first-party and a third-party SNT?
It depends on the source of the funds. A first-party SNT holds the disabled person’s own assets (e.g., from a lawsuit settlement or inheritance). It has a Medicaid payback provision. A third-party SNT holds assets from someone else (like parents) for the beneficiary’s benefit and has no payback requirement, preserving remaining assets for other family members.
Who should be the trustee of a Special Needs Trust?
The trustee should be someone financially responsible, organized, and who understands the beneficiary’s needs and the strict rules of public benefits. Many families choose a trusted relative, a professional fiduciary, or a corporate trustee. Your Special Needs Trust Attorney Somerset County NJ can advise on the best choice for your situation.
Does New Jersey have an estate or inheritance tax that affects these trusts?
New Jersey repealed its estate tax in 2018. However, it maintains an inheritance tax that varies from 0% to 16% based on the relationship of the beneficiary to the deceased. Transfers to a Special Needs Trust for a child or other Class “A” beneficiary are generally exempt from this tax.
Related Legal Services in Somerset County
Our firm assists with full estate planning. You may also need guidance on business succession planning or estate and fiduciary litigation. For broader New Jersey estate planning resources, visit our New Jersey Estate Lawyer hub page. We also serve clients in neighboring areas like Bergen County and Burlington County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.