Supporting loved ones with thoughtful legal planning
A special needs trust in North Carolina helps protect your loved one’s future—without putting their essential benefits at risk. At Triangle Estate Lawyers, we help families create customized trusts that provide financial stability, preserve government eligibility, and align with long-term caregiving goals.
A properly drafted trust allows you to leave money or other assets to a child, adult family member, or loved one who has a disability—without jeopardizing access to critical benefits like Supplemental Security Income (SSI) or Medicaid. Whether you’re planning ahead or responding to a recent inheritance or settlement, our team can help. As a result, you can make informed decisions that protect your loved one’s benefits and long-term care.
What Is a Special Needs Trust in North Carolina?
A special needs trust—also called a supplemental needs trust—is a legal tool that holds and manages assets for the benefit of an individual with a disability or ongoing support needs. As required by federal law, you must include a Medicaid payback provision. Therefore, the state must be reimbursed from any remaining funds after the beneficiary passes away
To understand how this differs from other trust options, visit the Special Needs Alliance explanation.
Who Should Consider One?
You may want to create a special needs trust if your loved one:
Lives with a physical, developmental, or cognitive disability
Will receive an inheritance, legal settlement, or insurance payout
Needs long-term planning for care, housing, or financial stability
We often assist parents planning for a child with support needs. In addition, we work with adults preparing for a spouse, sibling, or aging relative’s care. For broader context on estate tools, visit our Estate Planning in North Carolina FAQs.
Types of Special Needs Trusts
First-Party Special Needs Trusts
You fund a first-party special needs trust using the beneficiary’s own assets—typically from a lawsuit settlement, inheritance, or backdated disability benefits. As required by federal law, you must include a Medicaid payback provision. As a result, the state must be reimbursed from any remaining funds after the beneficiary passes away
Third-Party Special Needs Trusts
A parent, grandparent, or other family member can fund a third-party special needs trust to support a loved one. As a result, these trusts offer flexibility and do not require Medicaid repayment after the beneficiary’s death.
Pooled Trusts
A nonprofit organization manages pooled special needs trusts by combining multiple beneficiaries’ funds into a single investment account. Beneficiaries still have their own sub-accounts, making this an efficient option for smaller funds or families who prefer professional trust administration.
Why Work with Triangle Estate Lawyers?
With over 80 years of combined experience, our attorneys help families across the state create legally sound, compassionate plans. Most importantly, we include every type of special needs trust North Carolina law allows. A nonprofit organization manages pooled special needs trusts by combining multiple beneficiaries’ funds into a single investment account. Each person maintains a separate sub-account, making this an efficient choice for smaller funds or families who prefer professional trust administration.
Complies with North Carolina and federal law
Protects your loved one’s public benefits
Minimizes tax risk and administrative complications
Above all reflects your family’s unique goals and responsibilities
We will guide you through the process with clarity, care, and precision. Learn more about our firm on our About Us page.
Serving Families with Dignity and Respect
Our firm is committed to inclusive, values-driven estate planning. Because every family is different, we believe every person deserves both legal protection and personal autonomy, including those who live with a disability or rely on public benefits.. To learn more about inclusive planning approaches, explore the ADA.gov resource library.
Start Planning Today
Creating a special needs trust is a proactive step toward security and peace of mind. We serve families across Raleigh, Cary, Clayton, and Wake Forest—and we’re here to help you protect what matters most.
Contact us to schedule a confidential meeting with an attorney. Together, we’ll create a plan that works for your family—today and in the future.