Special Needs Lawyer in Arlington

Plan Today For Your Loved One’s Tomorrow

If you care for a child or adult with a disability, you have probably asked yourself what will happen when you are no longer able to help. A trusted special needs attorney can guide you through the decisions that protect benefits and provide long-term security.

At Law Office of Marilyn D. Garner, our team helps families in Arlington and nearby communities create practical plans for loved ones with disabilities. We focus on preserving eligibility for important public benefits while making sure your estate plan reflects your values and your family’s real-life needs.

Our team brings more than 30 years of experience in estate planning, probate, and debt relief. We work to turn a complex situation into a clear, step-by-step process so you can move forward with confidence instead of worry.

Seek experienced assistance from a qualified special needs attorney in Arlington. Call (817) 381-9292 or contact us right away to secure your consultation.

Why Families Choose Our Firm

When you plan for a loved one with special needs, you are not only signing documents. You are making decisions that will shape the rest of that person’s life. Families in this part of Texas often come to us because they want an attorney who understands how estate planning, probate, and financial stress all fit together.

For more than three decades, our firm has helped clients structure wills, trusts, and other arrangements that hold up over time. This depth of experience matters when a plan must coordinate assets, government benefits, and family dynamics. We have seen how small drafting choices can have a large impact when a loved one relies on SSI, Medicaid, or similar programs.

Law Office of Marilyn D. Garner holds an AV Preeminent rating from Martindale Hubbell. This rating reflects strong ethical standards and legal ability, which is especially important when you are choosing someone to help safeguard a vulnerable family member’s future. Our goal is to pair that level of professional recognition with a calm, welcoming environment where you can ask every question you have.

We take time to get to know your loved one’s daily needs, strengths, and challenges. Then we look at your financial picture, from your home and savings to retirement accounts and life insurance. By seeing the full picture, we can help you create a plan that works in the real world, not just on paper. If you prefer to work with a special needs lawyer in Arlington who will listen carefully and explain your options clearly, our team is ready to talk with you.

How Special Needs Planning Helps

Special needs planning is about making sure a loved one continues to have support without accidentally losing vital benefits. Many public programs are means-tested. This means that a direct inheritance or a cash gift can push a person over the asset limit and cause benefits to stop. Thoughtful planning can often prevent this outcome.

One common tool is a special needs trust. Instead of leaving money or property outright to your loved one, you leave it to a trust that is managed for their benefit. The funds are used to pay for things that improve quality of life, such as therapies, transportation, personal items, or activities, while preserving eligibility for programs like SSI and Medicaid when the trust is structured correctly.

Planning may also involve updating your will, adjusting beneficiary designations on life insurance or retirement accounts, and coordinating with relatives who want to leave gifts. Without this coordination, even one well-intentioned bequest from a grandparent can create problems. We work with you to identify where changes are needed and to keep the language consistent across your documents.

Because you live in Texas, your plan must also take into account how state law treats inheritances and trusts. We help you consider how your choices may appear in probate proceedings and how they might interact with the benefit rules your loved one relies on. Our aim is to give you a clear picture of the path ahead so you can make informed decisions.

Our Planning Process For Your Family

Starting a special needs plan can feel like a big step. We work to make it manageable by guiding you through a structured, supportive process. You do not need to have everything figured out before you contact us. Our role is to help you sort through the issues one by one.

In the first meeting, we talk about your loved one’s diagnosis, daily routines, and current support network. We also ask about existing benefits, any prior planning you have done, and your goals for the future. This conversation is designed to be comfortable and respectful. Many clients tell us that simply talking through their concerns helps reduce anxiety.

Next, we review your assets and how they are currently titled. This might include your home, bank, and investment accounts, retirement plans, and life insurance. We look for places where a future inheritance could unintentionally be paid directly to your loved one instead of to a trust or another structure. Then we discuss options for trustees, potential guardians, and backup decision makers.

Some of the key decisions you will make with our guidance include:

• Who should manage funds for your loved one if you become unable to do so
• How much support to set aside, and how it should be distributed over time
• How to coordinate your will, trust, and beneficiary designations
• Who should step in for medical and personal decisions if needed in the future

After we agree on a plan, we prepare the documents and review them with you in detail before you sign. We encourage questions and explain each part in everyday language. Over time, if your family’s circumstances change, we can revisit the plan together so that it continues to reflect your loved one’s needs and your financial reality.

Planning Around Debt & Probate Issues

Many caregivers worry that their own debts or financial challenges will interfere with planning for a loved one with special needs. At Law Office of Marilyn D. Garner, we understand that long-term care expenses, lost work time, and ordinary life costs can create real strain. Our background in bankruptcy and debt relief informs how we approach special needs planning for families in the Arlington area.

We can discuss how your current obligations might affect your estate in the future and how to structure your plan so that support for your loved one is less vulnerable to creditor claims. While no plan can eliminate every risk, careful coordination between your estate planning and any debt relief strategies can help preserve more stability for your family.

Probate is another important piece. When a Texas resident passes away, matters involving their will may be handled in the county where they lived. The way your will is written can influence how efficiently those proceedings unfold and how clearly the court can follow your intentions for a special needs trust or similar provisions. We draft documents with an eye toward how they will function in that setting.

It is also common for clients to have questions about what happens if they face financial hardship after creating a plan. In many situations, updates can be made so that your documents continue to reflect your circumstances. Our goal is to give you practical options, not to insist on a perfect financial picture before you begin planning.

Start Your Special Needs Plan Now

Putting a special needs plan in place is one of the most meaningful steps you can take for a loved one with disabilities. Instead of wondering what might happen in the future, you gain a clear structure that protects benefits where possible and outlines who will step in to help.

At Law Office of Marilyn D. Garner, we bring more than 30 years of experience, an AV Preeminent rating, and a caring, client-focused approach to families here in Arlington, TX. We take the time to explain your options, answer questions in straightforward language, and guide you through each decision at a pace that works for you.

If you are ready to talk with a special needs lawyer in Arlington about your situation, we invite you to schedule a consultation. You do not need to gather every document or make every decision before you call. We are here to help you start.

Call (817) 381-9292 to schedule a special needs planning consultation with our team.

Frequently Asked Questions

Will my child lose benefits if I leave them money?

Direct inheritances can disrupt needs-based benefits. With proper planning, such as using an appropriate trust, many families can provide extra support without disqualifying a loved one from programs like SSI or Medicaid. We explain how different options may affect your child’s specific situation.

When is the right time to create a special needs plan?

It is usually better to plan sooner rather than later. A thoughtful plan can be created when your loved one is a minor or an adult, and it can be updated as circumstances change. We help families at many stages, from initial diagnosis through later life transitions.

How will your team help me choose a trustee or guardian?

We talk with you about your family members, friends, and other potential candidates, then outline the responsibilities involved. Together, we weigh factors like reliability, financial skills, and relationships with your loved one. Our role is to provide perspective and options so you can make informed choices.

What should I bring to our first meeting?

It helps to bring any existing wills or trusts, a rough list of your assets, and information about your loved one’s current benefits. If you do not have all of this, we can still begin. We will walk you through what is needed and help you gather missing details.

Can we update the plan if our situation changes?

Yes, plans can often be revised as family, financial, or medical circumstances evolve. We encourage clients to view special needs planning as an ongoing process, not a one-time event. Our firm can review your documents with you and suggest updates when changes occur in your life or in the law.

Trust our experienced special needs lawyer in Arlington to address your legal concerns. Act quickly by calling (817) 381-9292 to reserve your initial consultation.