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A Special Needs Trust (SNT) allows for a disabled person to maintain his or her eligibility for public assistance benefits, despite having assets that would otherwise make the person ineligible for those benefits. There are two types of SNTs: First Party and Third Party funded.
Third-Party Special Needs Trusts are established using assets from someone other than the individual living with disabilities. Typically established by a loved one while living or through specific language in a living will specifically designating funds to be placed into a Third-Party Trust.
What is a Third Party Trust? A Third Party Trust (also known as a Common Law Trust) is funded by the beneficiary's family and/or friends, rather than the beneficiary themselves. It can be funded either during their lifetime and/or through an estate plan.
SSDI does not depend upon having limited assets, and it is not affected by distributions from a Disability Trust.
Cons of Special Needs Trusts The trust must be maintained, and yearly management costs can be high. Depending on who manages the fund, there may be a minimum amount required to set up the trust. It may be financially difficult for the settlor to actually establish the trust, depending upon their circumstances.