Special Needs Planning
Special Needs Attorney in Arlington
Coordinated Estate Planning & Family Law for Texas Families
Planning for a loved one with a disability means more than drafting a single document. It requires coordinating guardianship decisions, estate planning, and benefit protection into one consistent plan. Because Jackson, Landrith & Kulesz practices both family law and estate planning, we can handle all of those pieces for Arlington, Texas, families without requiring separate counsel for each one.
Our attorneys keep you informed throughout the process. We communicate clearly and frequently so you understand every decision and its effect on your loved one’s long-term care and government benefits.
Call our Arlington special needs attorneys at (817) 587-6452 to schedule a consultation and start building a plan tailored to your family’s needs.
Core Tools in a Texas Special Needs Plan
Most families supporting a person with a disability need to address two related goals: providing resources for that person’s care and preserving eligibility for means-tested benefits such as Supplemental Security Income (SSI) and Medicaid. Special needs trusts and ABLE accounts are the two primary vehicles Texas families use to accomplish both.
Special Needs Trusts
A third-party special needs trust is funded with assets belonging to someone other than the beneficiary, typically a parent or grandparent, and carries no obligation to reimburse Medicaid when the beneficiary dies. A first-party special needs trust is funded with the beneficiary’s own assets, such as proceeds from a personal injury settlement or a directly received inheritance. Federal law requires those trusts to reimburse Medicaid upon the beneficiary’s death before remaining assets pass to anyone else.
Choosing the right trust structure from the start can help prevent an avoidable Medicaid payback claim later. The distinction matters most when a family member names your loved one directly in a will or when a settlement is being resolved.
Texas ABLE Accounts
The Texas ABLE Program, administered by the Texas Prepaid Higher Education Tuition Board through the Texas Comptroller of Public Accounts, allows people with qualifying disabilities to save money in a tax-advantaged account. Account balances are disregarded entirely for Medicaid eligibility, and balances up to $100,000 are disregarded for SSI purposes. Texas Medicaid does recover expenses paid on the beneficiary’s behalf from the account after death, so an ABLE account works best as part of a broader plan rather than a standalone tool.
One significant change takes effect January 1, 2026: the federal ABLE Age Adjustment Act extends eligibility to individuals whose qualifying disability began before age 46, up from the previous threshold of age 26. Families who were previously ineligible may now qualify.
Why Arlington Families Rely on Jackson, Landrith & Kulesz
Jackson, Landrith & Kulesz has served clients in the Arlington and Fort Worth areas for over 60 years. Our attorneys bring more than 100 years of combined legal experience to the matters we handle, including the estate planning and family law work that forms the foundation of every special needs plan. That broad legal background means we aren’t looking at your situation through a single narrow lens.
We’ve earned the AV Preeminent rating from Martindale-Hubbell and recognition from Super Lawyers. We also communicate in five languages, which matters in a community as diverse as Arlington and Fort Worth.
Why Clients Choose Us
The Right Legal Team Makes All the Difference
-
Client-Focused and Responsive Representation
At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
-
Experienced Legal Advocacy Across Multiple Practice AreasWith 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
-
A Dedicated Team Ready to Fight for YouWhen legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
-
A Proven Track Record of Success
Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.
Coordinating Every Document in the Plan
A special needs plan fails when one document contradicts another. The most common example: a grandparent leaves money directly to a grandchild with a disability, not knowing that a direct bequest can disqualify that grandchild from SSI and Medicaid. Assets should flow through the special needs trust instead, which means wills, life insurance beneficiary designations, and retirement account beneficiary designations all need to be reviewed and updated to name the trust rather than the individual.
Guardianship planning for a child with a disability often happens alongside estate planning for minor siblings without disabilities. A guardian designation naming who will raise those siblings is a separate document, but it belongs in the same planning process. Without one, a Texas court decides. When we work with your family, we look at the full picture: guardianship or supported decision-making documents, wills, trusts, and beneficiary designations drafted consistently so no single piece creates a conflict.
Talk to an Arlington Special Needs Lawyer Today
The right time to build a special needs plan is before a crisis forces the decision. Whether you’re starting from scratch or updating documents after a life change, our attorneys can help Arlington, TX, families put a coordinated plan in place.
We return calls and emails promptly and keep you informed at every step. Contact Jackson, Landrith & Kulesz at (817) 587-6452 to schedule a consultation with a special needs attorney serving Arlington, Texas.