If you have a child, sibling, or loved one with a disability—or a family member vulnerable to financial abuse, addiction, or cognitive decline—your estate plan must do more than just divide assets.
The One Big Beautiful Bill Act (OBBBA) raised the estate tax exemption to $15 million per person, opening doors for powerful planning. But even families well under that threshold can benefit from purpose-built trusts that protect vulnerable heirs from losing their inheritance or critical public benefits.
At Barina Law Group in Temple, Texas, we help Central Texas families create thoughtful, protective estate plans for the people who need it most.
Why Standard Inheritance Doesn't Work for Vulnerable Beneficiaries
Leaving assets outright to someone who:
- Has special needs
- Receives Medicaid, SSI, or disability benefits
- Struggles with addiction, debt, or dependency
- Has a mental health condition or cognitive limitations
…can cause more harm than good.
They may:
❌ Lose government benefits
❌ Become a target for exploitation
❌ Mismanage or overspend the inheritance
❌ Create legal liability for themselves or others
3 Types of Trusts That Offer Protection
- Special Needs Trust (SNT)
Allows a person with disabilities to:
- Receive an inheritance without losing benefits like SSI or Medicaid
- Have money used for extra care, travel, education, and comfort
- Be protected by a trustee who manages the funds
✅ Ideal if your loved one relies on public benefits
- Discretionary or Spendthrift Trust
You can control how, when, and why distributions are made.
- Prevents creditors, ex-spouses, or bad influences from accessing the funds
- Trustee uses discretion to make sure money is used wisely
- Especially helpful for beneficiaries with a history of poor judgment or addiction
- Third-Party Trust with Professional Trustee
Appointing a trusted professional, bank, or trust company ensures:
- Neutral administration
- Protection from family conflict
- Consistent long-term support
Coordinating with Government Programs
We work with families to:
- Avoid disqualifying loved ones from vital benefits
- Ensure compliance with Medicaid, SSI, and SSDI rules
- Navigate guardianships and court supervision if required
Even if the beneficiary doesn't currently receive public benefits, planning ahead can keep that door open if it's needed later.
Who Should Consider These Trusts?
✅ Parents of children with physical or intellectual disabilities
✅ Adults with aging parents on Medicaid
✅ Families concerned about addiction, mental illness, or exploitation
✅ Anyone with a dependent who will never live fully independently
How Barina Law Group Helps
We design customized, legally sound trusts that:
- Protect dignity and quality of life
- Preserve eligibility for public benefits
- Avoid costly mistakes and emotional stress for surviving family members
You can protect your loved one without disinheriting them or jeopardizing their future.
📞 Call to Action
Protect the people you love most—with a plan that meets their needs now and later.
📞 Call (254) 699-3755
🌐 Visit www.bobbybarinalaw.com

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