Skip to Content
Request a Consultation: 817-587-6452
Top
Jackson, Landrith & Kulesz

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.

Continue Reading Read Less

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 Areas
    With 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 You
    When 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.

Continue Reading Read Less

Let’s Discuss Your Case

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Jackson, Landrith & Kulesz at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Real Clients. Real Results.

See how We’ve Helped Clients Navigate Their Legal Challenges

At Jackson, Landrith & Kulesz, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "I highly recommend Virginia and the team at Jackson, Landrith & Kulesz to anyone looking for an experienced and trustworthy immigration attorney."
    I am very thankful to Virginia and to Jackson, Landrith & Kulesz for their support throughout my husband’s green card process. Virginia handled our marriage-based case with exceptional care and expertise, guiding us clearly through each stage and
    - Saya K.
    "Professional, courteous & respectful."
    Everything was expedited in a very timely manner. Ms. Brown has been a great communicator and her instructions have been clear and helpful. I have appreciated their help and counsel throughout a difficult time.
    - Former Client
    "One of the most brilliant, and caring lawyers."

    After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

    - Patty G.
    "David is AMAZING & is one of the most competent family law Attorney EVER!"
    He honestly cares about the needs of his client and what’s in the best interest of the kids. I feel so blessed. I am a single father and have custody of my children, thank you David Kulesz for believing that men can be great single parents too.
    - Tony
    "I fully recommend Brent for divorce cases."

    Brent was very instrumental in my case and was particularly good at listening to my needs. Divorce is a very sensitive matter and requires someone that understands this and works hard toward a quick resolution. I fully recommend Brent for divorce cases.

    - Christian
    "Efficient, organized, trustworthy."
    She was also willing to answer our questions at any time almost instantly, including late at night and on weekends. She also offered to help us prepare for the interview. The experience working with her was very pleasant and she is a trustworthy attorney!
    - Cynthia
    "A great help understanding the process."
    Virginia helped us navigate the process from start to finish, always being available, friendly, and efficient whenever we had questions.
    - Steven
    "Great advisor for all things immigration."
    Virginia was incredibly responsive, knowledgeable, and all around great advisor when it came to filing and taking care of all of the documentation for us.
    - Chelsea