Cincinnati Special Needs Trust Attorney

What a Cincinnati Special Needs Trust Attorney Can Help Your Family Protect

Caring for a family member with a disability means balancing daily needs with programs like Supplemental Security Income and Medicaid, which can disappear the moment extra money shows up in their name. You want to give them a fuller life without risking the support they already depend on.

A Cincinnati special needs trust attorney at Hoberg Law can set up a trust that adds to your family member’s life without counting against those benefits. Scott Hoberg has practiced law in Ohio since 2011 and was named a Super Lawyers Rising Star in Estate Planning & Probate for five straight years, from 2021 through 2025.

With the right trust, your loved one keeps their benefits and gains a dedicated fund for extras Medicaid and SSI don’t cover.

How a Special Needs Trust Attorney in Cincinnati Builds the Right Trust for Your Family

Which structure fits your family depends on whose money funds the trust and what benefits your family member already receives. At Hoberg Law, we help families set up:

• First-party special needs trusts, funded with the beneficiary’s own settlement, inheritance, or savings, which must repay Medicaid after they pass.
• Third-party special needs trusts, funded by parents, grandparents, or other relatives, with no Medicaid payback required.
• Pooled special needs trusts, managed by a nonprofit for families who cannot serve as trustee themselves.
• Testamentary special needs trusts, written into a will so the trust only takes effect when it’s needed.

With contributions to a published guide on estate planning and administration, Scott Hoberg, an expert Cincinnati Estate Planning Lawyer, brings the same attention to detail to drafting a trust tailored to your family member’s actual needs.

What Happens to Benefits Without the Right Special Needs Trust in Place

Supplemental Security Income caps countable resources at $2,000 for an individual, a limit that hasn’t moved since 1989. A settlement check, an inheritance, or a few months of saved wages can push a person with a disability over that line. SSI and the Medicaid coverage tied to it can both stop, and reinstatement can take months of paperwork.

Ohio law gives families a way around this. A trust set up under Ohio Revised Code § 5815.28 is a supplemental services trust, for people who get state developmental disability or mental health services. It isn’t counted against eligibility if it meets the statute’s conditions, such as a funding cap and at least half of what remains at death going to a state fund.

Ohio Administrative Code 5160:1-3-05.2 spells out how Medicaid treats these trusts, including the rule that a trust funded with the beneficiary’s own assets must be set up before they turn 65.

This information reflects Ohio law as of October 2026.

FAQs About Cincinnati, OH Special Needs Trust Laws

What’s the difference between a first-party and a third-party special needs trust?

A first-party trust holds the beneficiary’s own money, often from a settlement, and must repay Medicaid after they pass. A third-party trust holds money from family members, with no payback requirement.

How much does a special needs trust cost in Ohio?

Cost depends on whether your family needs a first-party, third-party, or pooled trust, and how much drafting and funding it requires. Hoberg Law can walk you through the specific cost during a consultation.

Will setting up a trust affect my family member’s SSI or Medicaid?

A properly drafted special needs trust shouldn’t reduce or end those benefits, since the money sits outside the $2,000 resource limit SSI uses. The trust has to follow Ohio’s Medicaid trust rules to keep that protection in place.

Where are special needs trust matters handled in Cincinnati?

Trust and guardianship matters for Hamilton County are handled by the Hamilton County Probate Court at the William Howard Taft Law Center on East Ninth Street in downtown Cincinnati.

Can a special needs trust pay for anything the beneficiary needs?

Not quite. The trust can pay for extras like therapy, education, transportation, or recreation, but using it for shelter costs can reduce SSI payments. A well drafted trust spells out exactly what the trustee can and can’t cover.

Start Planning With a Cincinnati Special Needs Trust Attorney at Hoberg Law

Every family’s situation is different, and the right trust depends on where the money comes from and which benefits your family member relies on. Scott Hoberg works with Cincinnati and West Chester families on trusts that account for both daily care and long-term eligibility. Get in touch today to start protecting your family member’s future.