Special Needs Attorney Asheville


“Cynthia has helped me and my family enormously over the years. I have known her as my Attorney since 1998. She truly cares about people and has proven invaluable to us in helping with guardianship for our disabled daughter, and a Will with Special Needs Trust for my husband and I. We don’t have much but she has shown us how we can continue to help our child after we have passed away. It is such a comfort to know a lawyer like Cynthia.” – Loretta Mickey

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What is a Special Needs Trust?

A special needs trust affords financial support to someone with a disability (or severe injury). Special needs trusts are unique in that they allow the beneficiary (the loved one with a disability) to continue receiving benefits, such as Medicaid, while at the same time having the use of trust assets to sustain and improve their quality of life.

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When is a Special Needs Trust Appropriate?

If there is someone who has a disability that you would like to leave either some or all of your estate to, but that inheritance would adversely affect their government benefits. It is also appropriate if a disabled individual receives a lump sum payment which can occur from a personal injury/accident settlement, jury award, workers compensation payment or Social Security back pay. Without a special needs trust in place any large sums could put their Medicaid or S.S.I. and other private or public benefits in jeopardy as they would be seen as capable of financing their own health care and providing for their own needs.

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What is a Special Needs Trust Used For?

What is a Special Needs Trust Used For?:
A special needs trust benefits the recipient by allowing the recipient to purchase items that are non-supported items. In other words, it allows the beneficiary to pay for the important necessities such as:

  • Entertainment
  • Rehabilitation, not covered by any public or private benefit
  • Transportation
  • Home and Vehicle Adaptations
  • Special Medical Services, not covered by any public or private benefit
  • Medical Equipment, not covered by any public or private benefit
  • Personal Care Attendant

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Why is a Special Needs Trust Important?

A special needs trust is important for an inheritance because it allows your disabled loved one to continue to receive financial gifts from you after you pass away. A special needs trust allows for a higher quality of life for your disabled loved one without jeopardizing their eligibility for benefits such as Medicaid and Supplemental Security Income(SSI). It is important to talk with anyone who may leave the disabled person any part of their estate to make sure they understand the importance of setting up a Special Needs Trust.

An Attorney is necessary to draft and advice you concerning a special needs trust. There are very specific rules that must be followed. It is best to choose an attorney with experience in special needs trusts as they are best able to guide you through this process. Attorney Alleman has been helping this clientele for 15 years and has a strong background in Special Needs Trusts.

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“Cynthia Alleman was instrumental in helping our family with a mentally ill sibling. Our case was complicated and emotional. Cynthia Alleman and the members of her firm were very thorough in their research and extremely professional. What I liked the most about working with Cynthia Alleman and her team was that they were compassionate and focused to do the right thing, even though it was a difficult case with many challenged. I highly recommend this law firm.” ~Margaret Watson