Special Needs Trust Lawyer Manassas, VA

A special needs trust preserves a person’s access to government benefits while providing supplemental resources for care, comfort, and quality of life. In Manassas, Virginia — a region served through the firm’s Fairfax location — families and fiduciaries seek a trust structure that aligns with Virginia’s Uniform Trust Code and federal public‑benefit rules. Law Offices Of SRIS, P.C. Concentrates its practice on trust and estate planning, and Mr. Sris, Owner and Founder, has structured special needs trusts for clients across the Commonwealth since founding the firm in 1997. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to both the drafting of the instrument and the ongoing administration obligations that follow. Results may vary. To discuss whether a first‑party or third‑party special needs trust fits your situation, call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Special Needs Trust Means in Manassas, Virginia

A special needs trust is a legal arrangement designed to hold assets for a person with a disability without jeopardizing eligibility for needs‑based public programs such as Supplemental Security Income (SSI) or Medicaid. The trust pays for supplemental needs — education, recreation, transportation, personal‑care items — while the beneficiary continues to receive government assistance. In Virginia, the trust is governed by the Virginia Uniform Trust Code (Va. Code § 64.2‑700 et seq.) and, when litigation arises, trust disputes are heard by the Circuit Court.

For Manassas families, the relevant venue is the Circuit Court of Manassas (City), located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. The Clerk of the Circuit Court administers probate and trust filings, and the court’s docket reflects the judicial oversight that a special needs trust may encounter — whether during funding with a settlement, a disputed beneficiary designation, or a trustee removal action. The firm’s Fairfax location at 4008 Williamsburg Court in Fairfax enables Mr. Sris and the firm’s Of Counsel attorneys to appear in Manassas regularly while maintaining a practice that is familiar with the procedural expectations of the Thirty‑first Judicial District.

Virginia does not impose its own estate tax, and the federal estate‑tax exclusion described above means that many estates funding a special needs trust do not owe transfer tax. Still, tax considerations intersect with trust planning: funding with appreciated assets, qualified retirement accounts, or life insurance requires careful structuring to avoid unintended income‑tax or distribution consequences. Mr. Sris’s accounting and information‑systems background, combined with the firm’s experience in estate and gift tax planning, supports clients in aligning the trust’s design with their overall family wealth plan.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Special Needs Trust Cases

Every special needs trust engagement begins with an assessment of the beneficiary’s current and anticipated public benefits. A first‑party trust (funded with the beneficiary’s own assets, often a personal‑injury settlement or inheritance) must comply with the payback requirements of 42 U.S.C. § 1396p(d)(4). A third‑party trust (funded by a parent, grandparent, or other relative) avoids the payback obligation and offers more flexibility, but both instruments must respect the Medicaid “sole benefit” rules. Mr. Sris reviews the beneficiary’s age, disability classification, and benefit portfolio before recommending a trust structure, and he coordinates with the family’s financial advisor and care manager when appropriate.

Once the trust type is selected, the drafting process addresses the trustee’s distribution authority, amendment and termination provisions, and the selection of successor trustees. The trust must explicitly prohibit the trustee from making distributions that would reduce or eliminate public benefits; any drafting ambiguity can expose the trust to a challenge by a state Medicaid agency. The firm also advises on trust funding — retitling assets, naming the trust as a beneficiary of a life‑insurance policy, or directing a settlement‑check payee — and on the preparation of the Virginia small‑estate affidavit if a shortened probate procedure is available. Throughout the relationship, Mr. Sris and the firm’s Of Counsel attorneys remain available to counsel trustees on annual accountings, tax filings, and periodic reviews triggered by changes in the beneficiary’s circumstances.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which has served clients in Virginia, Maryland, the District of Columbia, New Jersey, and New York since 1997. He is admitted in all five jurisdictions and, before founding the firm, served as a former prosecutor — an experience that honed his advocacy skills and informs his approach to contested estate and trust matters.

The firm’s Of Counsel attorneys collaborate with Mr. Sris on trust and estate cases, bringing additional perspective to complex planning and litigation. Collectively, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience, and the firm has documented case results across multiple practice areas since its founding. Results may vary. To learn more, request a consultation by calling (888) 437‑7747.

Frequently Asked Questions

What is a special needs trust?

A special needs trust is a legal arrangement that holds assets for a person with a disability without disqualifying them from means‑tested government benefits. The trust pays for expenses that public assistance does not cover, such as education, travel, or specialized therapies. In Virginia, the trust is governed by the Uniform Trust Code, and the trustee must adhere to strict distribution rules to maintain the beneficiary’s eligibility for programs like Medicaid and SSI.

How does a special needs trust protect government benefits?

The trust protects benefits because the beneficiary does not own the trust assets; the trustee controls the property and may only make distributions that supplement, not replace, public assistance. The trust prohibits the trustee from paying for food, shelter, or other basic needs that would reduce the beneficiary’s SSI or Medicaid benefits, thus keeping the beneficiary qualified for those programs.

Can a special needs trust be established under Virginia law?

Yes, Virginia’s Uniform Trust Code (Va. Code § 64.2‑700 et seq.) authorizes the creation of special needs trusts, and both first‑party and third‑party trusts are routinely used in the Commonwealth. The Circuit Court of Manassas (City) has jurisdiction over trust disputes and, if necessary, can supervise a trust’s administration. A trust document must comply with the Virginia Wills Act formalities if it is created within a will.

Who can serve as trustee of a special needs trust in Virginia?

Any competent adult individual or a corporate fiduciary, such as a bank trust department, may serve as a trustee of a special needs trust in Virginia. The trust instrument usually names a family member, a professional trustee, or a combination of both. The trustee must understand the benefit‑eligibility rules and keep meticulous records of every distribution to avoid benefit interruptions.

Do I need a lawyer to create a special needs trust in Manassas?

Although Virginia law does not require a lawyer to draft a trust, the technical drafting demands of a special needs trust — particularly the interplay with federal Medicaid and SSI regulations — make experienced legal counsel important. A trust that contains ambiguous or overly broad distribution language can result in a loss of benefits, and a court may later interpret the instrument against the drafter’s intent. An attorney can also help coordinate trust funding with a settlement plan or an estate‑planning strategy.

What is the difference between a first‑party and a third‑party special needs trust?

A first‑party special needs trust is funded with the beneficiary’s own assets and requires a payback to the state Medicaid agency upon the beneficiary’s death, while a third‑party trust is funded by someone else and does not require a payback. First‑party trusts are often created from a personal‑injury recovery or an inheritance; third‑party trusts are commonly set up by parents or grandparents for a child with a disability. The choice between the two affects Medicaid eligibility, funding rules, and remainder distribution.

For a consultation about establishing a special needs trust in Manassas, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Related pages: Fairfax County Trust & Estate Lawyer | Fairfax City Trust & Estate Lawyer | Falls Church Trust & Estate Lawyer | Prince William County Trust & Estate Lawyer | Manassas Park Trust & Estate Lawyer

Primary legal sources: Virginia Code Title 64.2 — Wills, Trusts, and Fiduciaries | Virginia Judicial System

Last reviewed: July 2026

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