Special Needs Planning Attorney Serving Long Island
Special Needs Trusts for Long Island and New York City Families
We are dedicated to making sure your child with special needs is cared for when you're no longer able to be their primary caregiver — with a plan built specifically for your family's circumstances, and one fixed fee, agreed to in advance.
The Special Needs Planning Catch-22
Estate planning for a family with a child who has special needs comes with a complex set of financial, social, and medical issues that some attorneys are simply not equipped to handle.
Here's the difficulty: you want to leave enough to pay for the care and support your child will need throughout their life — but if you leave a lump sum of money directly to a child with special needs, you risk disqualifying them from government benefits like Medicaid and Supplemental Security Income (SSI).
Fortunately, the law allows those assets to be held in a special needs trust, which provides supplemental financial resources for a physically, mentally, or developmentally disabled beneficiary without affecting their eligibility for public healthcare and income assistance. The rules for these trusts are complicated — funds generally cannot be paid directly to the beneficiary, and must instead be disbursed to a third party responsible for providing the goods and services they need.
Access to multiple top-rated insurance carriers
Quick Facts
Jason R. Breit, Esq. P.C. is a special needs planning attorney serving Garden City, Huntington, Massapequa, greater Long Island, and New York City.
Leaving a lump sum of money directly to a child with special needs can disqualify them from Medicaid and Supplemental Security Income (SSI).
A special needs trust holds assets for a beneficiary's benefit and pays third parties directly for goods and services, so the inheritance does not count against benefit eligibility.
Special needs trust rules and public benefit laws change over time, which is why every plan is reviewed at no charge at least once every three years.
Special needs planning includes naming both a trustee to manage assets and a guardian to oversee long-term care.
Free consultations are available by Zoom or in person, serving Garden City, Huntington, Massapequa, Long Island, and New York City.
What We Help You Plan For
We offer a range of estate planning tools and strategies designed around the unique circumstances of children with special needs and their families in New York:
Documents your medical wishes in advance and names who can make healthcare decisions for you, including protection for unmarried life partners.
Healthcare Directives
Long-term care planning helps prepare for healthcare, caregiving, and extended-care expenses so future planning feels more stable and less reactive.
Long-Term Care Planning
Special Needs Trusts
Preserving your child's eligibility for Medicaid and SSI while still providing supplemental financial resources for a richer quality of life.
Guardian & Trustee Selection
Finding and appointing a trusted guardian to oversee your child's care, and a trustee to manage assets — kept separate so no single person controls both.
Coordinating with Your Broader Estate Plan
Making sure special needs planning works together with your will, trusts, and other documents, not as an afterthought.
How Special Needs Planning Works
Free Special Needs Planning Consultation
Meet with Long Island special needs planning attorney Jason R. Breit for a free, no-obligation conversation about your loved one’s needs, your family’s concerns, and your long-term goals.
Life and Legacy Session
Jason reviews your family’s financial and care needs to recommend the appropriate special needs trust, guardianship, and estate planning strategies.
Your Special Needs Plan, Built & Funded
Jason prepares and helps properly fund your special needs trust and related estate planning documents, with a focus on protecting assets and preserving eligibility for applicable government benefits.
Complimentary Special Needs Plan Reviews Every Three Years
As your family’s needs, benefit rules, and laws change,
Jason reviews your special needs plan at no charge at least once every three years to help ensure it remains aligned with your loved one’s needs and your family’s long-term goals.
What Our Clients Say
Serving Long Island and New York City
Long Island special needs planning attorney Jason R. Breit is based in Melville and helps families create personalized special needs trusts and long-term planning strategies throughout:
- Melville, NY
- Garden City, NY
- Huntington, NY
- Massapequa, NY
- West Islip, NY
- Long Island, including Nassau and Suffolk Counties
- New York City
Searching for a
“special needs planning attorney near me” on Long Island? Jason offers
free consultations at his Melville office or remotely by Zoom, making special needs and estate planning guidance accessible to families throughout Long Island and New York City.
What Does It Cost?
Special needs planning is billed at the same fixed-fee structure as the rest of our estate planning work, agreed to in advance — so cost isn't an added source of stress for families already managing a lot.
Frequently Asked Questions
How do I leave money to my child with special needs without losing benefits?
By placing assets in a special needs trust rather than leaving them directly to your child — the trust holds and manages the funds, paying third parties for goods and services, so your child's Medicaid and SSI eligibility isn't affected.
Is there a special needs planning attorney near me on Long Island?
Yes. Jason R. Breit, Esq. P.C. is based in Melville and serves Garden City, Huntington, Massapequa, greater Long Island, and New York City, with every consultation also available remotely by Zoom.
What is a special needs trust?
A special needs trust (also called a supplemental needs trust) is a legal structure that holds assets for the benefit of a person with a disability without affecting their eligibility for means-tested government benefits like Medicaid and SSI.
Who should be the trustee of a special needs trust?
The right trustee depends on your family's circumstances — during your Life and Legacy Session, we help you evaluate family members, friends, or professional trustees based on who can best manage the trust responsibly over the long term.
Do special needs trust rules ever change?
Yes — the rules governing special needs trusts and public benefits change over time, which is why every plan is reviewed at no charge at least once every three years to keep it compliant.
How much does special needs planning cost?
Special needs planning is billed at the same fixed fee, agreed to in advance, as the rest of the firm's estate planning work.
Plan for Your Child's Future, With Care
Free consultations are available by Zoom or in person for families across Long Island and New York City — no obligation, just a conversation about what your child needs.
Fixed fees, agreed in advance. Benefits protected. Free three-year reviews.