The Real Cost of Probate in California: Fees, Delays, and Hidden Expenses
Discover probate costs in California. Learn about fees, delays, and hidden expenses, and how estate planning helps families avoid them.
Special Needs Planning in California
Special needs planning safeguards your loved one’s care without risking SSI or Medi-Cal. We explain your options in plain language and build a California-compliant plan that fits your family’s values and needs.
Certifications And Affiliations
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What Is a Special Needs Trust?
A Special Needs Trust allows you to set aside funds for your loved one’s future care while preserving their eligibility for public benefits. The trustee manages the assets on their behalf, paying for needs that government programs don’t cover, like education, recreation, and personal support.
At Hsiao Law, we help you choose the right type of trust and ensure it’s properly drafted to protect both your loved one and your peace of mind.
First-Party vs. Third-Party Special Needs Trusts
Every family’s story is different, and so is every special needs trust. A first-party trust uses your loved one’s own assets, protecting their eligibility for vital benefits while ensuring those funds are used for their care and comfort.
A third-party trust is often created by parents or grandparents who want to give their child lifelong security. It provides flexibility, love, and stability, allowing family members to contribute to the trust and know their support will always make a difference.
At Hsiao Law, we help you choose the trust that brings your family peace, dignity, and lasting protection.
Our Special Needs Planning Services
Guardianship and Trustee Appointments
Choosing the right guardian or trustee is one of the most important decisions you’ll make. We guide you through the process to ensure your loved one is cared for by people who understand their needs and values.
Special Needs Trusts
We help you create first-party or third-party special needs trusts that safeguard your loved one’s financial future without jeopardizing eligibility for essential programs like SSI or Medi-Cal.
Ongoing Support and Plan Reviews
Through our FamilyCare VIP Program, we review your plan regularly to make sure it continues to meet your loved one’s needs as life, laws, and benefits evolve.
How It Feels to Have a Special Needs Trust in Place
When your special needs trust is in place, the constant what-ifs fade away. You can finally focus on the joy of today, knowing tomorrow is protected.
Ensure your spouse, children, or dependents are cared for according to your wishes.
You know your child’s medical care, housing, and daily needs will be met, no matter what happens in the future.
Your family no longer worries about navigating complex benefit systems, everything is organized, compliant, and built to last.
Trusted people are ready to step in, guided by your values and clear instructions, so your loved one is never left without support.
You feel peace knowing you’ve created more than a legal document, you’ve built a foundation of love, care, and security that endures for a lifetime.
Why Create a Special Needs Trust with Hsiao Law?
At Hsiao Law, we understand that special needs planning isn’t just about legal documents, it’s about love, trust, and a deep commitment to your family’s future. Amy Hsiao takes the time to truly listen, explain every step in clear language, and design a plan that reflects your child’s unique needs and your family’s values.
With Hsiao Law, you don’t just secure your child’s future, you build lasting peace of mind for everyone who loves them.
Based on 34 reviews
Joe Perone
3 years ago
Outstanding firm. Associates and leader are simultaneously very sharp as well as incredibly empathetic to the estate planning process. Strongly recommend!
Cailin Fonseca
3 years ago
I attended a planning and informational session with Amy. She is very engaging, insightful and makes you really think about your Estate Planning needs!
Lyndsay Nelson
3 years ago
Amy is a very professionell and personable attorney. Very much enjoyed the knowledge she shared at her event. Knowledge is power!
Karla Rodriguez
3 years ago
Amy was so knowledgeable and presented information in digestible chunks. I am leaving this session feeling empowered! Thank you so much Amy!
Alexis
3 years ago
Amy was so informative!! I came in knowing nothing about any planning for the future and am leaving feeling so empowered and ready for the future. She made it all very easy to understand and exciting to think about when it’s usually very overwhelming. Will definitely recommend her to everyone!
Niki Jones
3 years ago
We have been working with Hsiao Law for 3 years and I was so thrilled to be an attendees at today’s Wine & Wills event. As a single mom, estate planning seems so scary and overwhelming. Amy is absolutely amazing. She speaks in a way that is so easy to understand and helps you understand difficult subjects what you need to do by providing actionable first steps!
Bob Giramma
2 years ago
Amy is very knowledgeable and articulate. We thoroughly enjoyed her talk.
Donnaly Atajar
2 years ago
Amy was so helpful and supportive in sharing the preliminary steps and options to getting my affairs in order. This process can be overwhelming, but she provides info in a digestible way to ensure I understood. I want to make the process as easy as possible for my kids/family in the event something happens to me and Amy is making that easy with no surprise fees.
Teresa Rivers
2 years ago
I have already recommended Amy and her team to my friends, family and co-workers. Amy, Ashlee and Nikko are all very professional and knowledgeable. I love the very organized process of getting our trust developed. I also like that it's a one-stop shop for wills, trust and health care directive and PoA. The price is worth the peace of mind.
Rachel Paxton
1 year ago
Amy and her team were organized and professional while also being warm and kind. We loved working with them!
What Peace of Mind Really Feels Like
True success isn’t just having documents in a binder, it’s the comfort of knowing your family is protected no matter what tomorrow brings. It’s your children cared for, your wishes honored, and your loved ones spared from conflict or confusion.
At Hsiao Law, we make sure your plan works in real life, so you can focus on living, loving, and enjoying the moments that matter most.
Common Questions About Special Needs Planning
Can a special needs trust pay for everyday expenses?
Yes. The trust can cover essentials like housing, transportation, education, and personal care, just not direct cash gifts that could affect government benefits.
What happens to the funds when the beneficiary passes away?
Any remaining funds can go to other family members, charities, or back to the state to reimburse public benefits, depending on how the trust was structured.
Can more than one person contribute to a special needs trust?
Absolutely. Parents, grandparents, and even family friends can all contribute through gifts, inheritances, or life insurance policies.
Do I need to work with an attorney to set up a special needs trust?
Yes. California’s laws are complex, and small mistakes can jeopardize your loved one’s benefits. An attorney ensures your trust is compliant and tailored to your situation.
Can a special needs trust own a home or vehicle?
Yes. A trust can hold real estate, cars, and other assets to benefit your loved one, while preserving their eligibility for government assistance.
