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First-Party vs Third-Party Special Needs Trust

2024-10-127 min read

Choosing the right type of special needs trust is critical. The wrong choice can cost your family money and benefits.

First-Party Special Needs Trust

Also Called

Self-settled trust, d4A trust, payback trust

Funding Source

Beneficiary's own assets (inheritance, lawsuit settlement, divorce proceeds)

Key Feature

Must include Medicaid payback provision - remaining funds go to Medicaid at death.

Age Requirement

Beneficiary must be under 65 when established.

Who Can Create It

Parent, grandparent, legal guardian, or court.

Third-Party Special Needs Trust

Funding Source

Assets from someone other than the beneficiary (parents, family, friends)

Key Feature

No Medicaid payback required. Remaining funds go to chosen beneficiaries.

Flexibility

More options for how funds are used and distributed.

When Created

Can be created at any time, including in a will.

Which Do You Need?

If your disabled loved one is receiving money directly, you need a first-party SNT. For estate planning purposes, use a third-party SNT.

Expert Guidance

Pioneer Credit Solution helps you choose the right trust. Call 1-888-271-2293.

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