Special Needs Planning in Columbus, Ohio
Serving Columbus Families with Disabilities Since 1977
Planning for a loved one with a disability requires more than a standard will or trust. The legal decisions involved touch federal benefit programs, guardianship, and how every asset in your estate eventually reaches your dependent. At Kemp, Schaeffer & Rowe, our attorneys have guided Columbus and Franklin County families through these decisions since 1977, working across estate planning, family law, and business law within a single-firm relationship.
Because our practice covers multiple areas of law, we can address how your special needs plan interacts with custody arrangements, guardianship proceedings, or a business interest, without sending you to a different attorney for each question.
If you’re planning for a child or adult with disabilities in Columbus, Ohio, we’re ready to help you build a coordinated plan. Call us at (614) 665-5833 to schedule a consultation.
Why Standard Estate Planning Falls Short
The central legal challenge in special needs planning is benefit preservation. To remain eligible for Supplemental Security Income (SSI) and Medicaid, a disabled individual’s countable assets generally may not exceed $2,000. An inheritance or legal settlement received directly can push that person above the limit and suspend their benefits until the funds are spent down. A properly drafted special needs trust (SNT) holds assets outside the beneficiary’s countable resources, allowing those funds to improve their quality of life without displacing public benefits.
Assets held in an SNT can pay for things government benefits don’t cover: home modifications, specialized medical equipment, education, recreation, technology, and transportation. Cash distributions directly to the beneficiary aren’t permitted under trust rules, so the drafting must be precise.
Guardianship, Decision-Making Authority, & Asset Transfers
A will that leaves assets directly to a beneficiary with disabilities can unintentionally disqualify that person from the programs they depend on. The estate plan must route those assets through a properly structured trust. Beyond that, when a disabled individual can’t manage their own financial or personal decisions, the plan should address who will hold that authority and how it transfers, rather than leaving a probate court to appoint a guardian without family guidance.
Guardianship matters in Ohio are handled through the probate court. Establishing a plan in advance can help keep your family’s preferences in place. The plan also needs to account for non-probate assets: life insurance proceeds, retirement accounts with beneficiary designations, and jointly held property all interact with trust eligibility and must be coordinated with the trust documents.
Five-Star Client Testimonials
In Their Own Words
At KSR Legal, we prioritize your experience, and it shows. Read some of our client reviews below, or call us at (614) 665-5833 to get started.
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"A Great Experience"
I was very pleased with Mr. Yarmesch, He stayed in contact with me, and returned my phone calls and emails promptly. Most importantly he negotiated a satisfactory outcome.
- Former Client -
"The Best Family Law Attorney!"
Matthew is very professional & knowledgeable. He has helped me in many ways with obtaining shared parenting with my child. He is very professional with time management of deadlines in all cases and really is a overall great attorney to hire for all fam
- Former Client -
"Highly Recommended!"
We couldn't be more thankful. Steven definitely made the process very easy and as stress-free as possible.
- Maria J. -
"Fantastic Experience!"
Steve is great and willing to help in any way he can!! Suzette doesn't skip a beat, and keeps it all on track!!!
- Heather L. -
"Top-Notch Service!"
KSR is amazing and they are my go-to lawyers!
- Don B.
First-Party Trusts, Third-Party Trusts, & STABLE Accounts
Ohio families generally have two main trust structures to consider, and the right choice depends on whose assets are funding the trust.
Third-Party Special Needs Trust
Created and funded by a parent, grandparent, or another person other than the beneficiary, this structure carries no Medicaid payback requirement at the beneficiary’s death. Remaining assets can pass to other heirs under your estate plan. For parents providing for a child with disabilities, this is generally the preferred tool because assets stay within the family rather than reverting to the state.
First-Party Special Needs Trust
Funded with assets that already belong to the disabled individual, such as a personal injury settlement or an inheritance received directly before a trust was in place. This structure can help preserve benefit eligibility going forward, but it requires a Medicaid payback provision: at the beneficiary’s death, Medicaid may recover amounts paid on their behalf from remaining trust assets.
STABLE Accounts
Ohio’s STABLE account program allows a disabled individual to accumulate investment savings while remaining on public benefits. Annual contributions are subject to a cap. Under Ohio’s program, STABLE accounts are not subject to Medicaid estate recovery claims against the account unless required by federal law, an important distinction from first-party special needs trusts. A STABLE account can be a useful supplement to a special needs trust, but it’s not a substitute for one.
Special Needs Planning in Columbus with Kemp, Schaeffer & Rowe
Our firm has practiced in Columbus and Central Ohio since 1977, and our attorneys are familiar with Franklin County Probate Court, which has jurisdiction over guardianship and trust matters in the county. That familiarity matters when a plan needs to move from the drafting table to a probate proceeding.
We handle family law, estate planning, and business law under one roof. When a family’s situation involves both a special needs trust and a custody arrangement, or a business ownership question that affects what assets will eventually fund the trust, our team can address how those concerns interact rather than treating each in isolation. We treat trust planning as an ongoing relationship, staying in contact with clients as the dependent’s circumstances, caregiving structure, and applicable law change over time.
Schedule a Consultation
Families throughout Columbus and Franklin County, Ohio turn to Kemp, Schaeffer & Rowe for personalized legal strategies built around their dependent’s long-term needs. The earlier a plan is in place, the more options your family has. Call (614) 665-5833 or use our online contact form to schedule a consultation with our estate planning attorneys.
