Do I really need a will if I don't have many assets?

Yes — a will isn't just about money. It determines who raises your minor children, who handles your affairs, and how even modest assets are distributed. Without one, Pennsylvania's intestacy laws decide all of that for you, and the outcome may not match your wishes.

What's the difference between a will and a trust?

A will takes effect after you die and goes through probate — a public court process. A trust takes effect immediately, avoids probate entirely, and can manage assets during your lifetime if you become incapacitated. For many families, especially those with real estate or blended family situations, a trust provides far greater protection and flexibility.

When is the right time to start Medicaid planning?

Earlier than most people think. Medicaid has a five-year look-back period, meaning transfers made within five years of applying can result in penalties and delayed eligibility. The best time to start planning is well before a nursing home becomes a possibility — ideally in your 60s or early 70s.

Do I need a Pennsylvania attorney to buy a home in the Poconos?

Pennsylvania doesn't legally require an attorney for a real estate transaction, but it's strongly advisable — especially for out-of-state buyers. Pennsylvania law, title requirements, and disclosure rules differ significantly from New York and New Jersey. An attorney reviews your contract, identifies title issues, and protects your interests at closing in ways a real estate agent cannot.

If I leave money to my child with a disability, will it affect their benefits?

It can — and often does. Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from those programs. A Supplemental Needs Trust allows you to provide for your loved one's quality of life without jeopardizing the government benefits they depend on. This type of planning requires careful drafting, and getting it wrong can have serious consequences.

How a Supplemental Needs Trust Protects Your Loved One

Estate PlanningSpecial Needs Planning

Sep 22

Written By William Onofry

If you have a family member with a disability who receives government benefits like Medicaid or Supplemental Security Income (SSI), leaving them money directly in your will could do more harm than good. A supplemental needs trust is the legal tool designed specifically for this situation.

SSI and Medicaid have strict asset limits — often as low as $2,000. If a person with a disability inherits money outright, they may immediately lose eligibility for the benefits they depend on. They'd have to spend the inheritance down to almost nothing before benefits resume. The very gift meant to help them can end up hurting them.

A supplemental needs trust (also called a special needs trust) holds assets for the benefit of your loved one without counting against their benefit eligibility. The funds can be used for things government programs don't cover — education, transportation, technology, recreation, personal care items — genuinely supplementing their quality of life.

There are two main types: a third-party trust (funded with family money, as in a will or gift) and a first-party trust (funded with the individual's own assets, such as a personal injury settlement). Both require careful drafting to comply with federal and state rules.

This is one of the most impactful things a family can do. Call us at (570) 904-2098.

Jacobs, Wilson & Onofry · jwolawyers.com · (570) 904-2098

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances differ. Please consult an attorney for guidance specific to your situation.

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William Onofry

How a Supplemental Needs Trust Protects Your Loved One

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