Special Needs Trust Lawyer Fredericksburg, VA

Planning for a family member with a disability requires legal tools that protect essential government benefits while providing for long-term care. A special needs trust is one of the most effective instruments for this purpose. In Fredericksburg, families work with Law Offices Of SRIS, P.C. to create trusts that comply with Virginia law under the Virginia Uniform Trust Code (Va. Code § 64.2-700 et seq.) and are administered through the Fredericksburg Circuit Court. Mr. Sris, the firm’s Owner and Founder, leads the trust and estate practice, working alongside the firm’s Of Counsel attorneys to address the specific concerns of disability planning. To discuss how a special needs trust might fit your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Special Needs Trust Means in Fredericksburg

A special needs trust, sometimes called a supplemental needs trust, is a legal arrangement that holds assets for the benefit of a person with a disability without disqualifying them from needs-based public benefits like Supplemental Security Income (SSI) and Medicaid. In Virginia, these trusts are governed by the Uniform Trust Code and related estate planning statutes. Because the trust owns the assets rather than the beneficiary, the trust funds can pay for supplemental needs—such as therapy, education, recreation, and personal care—while the beneficiary continues to receive government assistance.

Fredericksburg sits within Virginia’s Fifteenth Judicial District. All probate and trust administration matters involving Fredericksburg residents are heard in the Fredericksburg Circuit Court, where the Clerk of Circuit Court oversees probate filings. Wills are probated in the Circuit Court, and an executor or administrator is appointed. An inventory is filed within four months, and the creditor claims period lasts one year. Trust administration proceeds according to the terms of the trust instrument and the Virginia Uniform Trust Code. The firm’s Fairfax Location, at 4008 Williamsburg Court in Fairfax, represents clients throughout the Fredericksburg area, including Downtown, Ferry Farm, and the surrounding communities.

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

Mr. Sris and the firm’s Of Counsel attorneys approach each special needs trust as a tailored planning solution. They start by understanding the beneficiary’s current and anticipated needs, the family’s financial picture, and the specific public benefits the beneficiary receives or may receive in the future. Because many government programs have strict asset and income limits, the trust must be drafted correctly to avoid any direct access to trust funds by the beneficiary, which could cause disqualification. The team at Law Offices Of SRIS, P.C. focuses on drafting documents that remain flexible as circumstances change.

Creating a special needs trust in Virginia involves selecting the appropriate trust type—whether a first-party trust funded with the beneficiary’s own assets (such as a personal injury settlement or inheritance) or a third-party trust funded by parents or other relatives. The trust instrument must comply with the Virginia Uniform Trust Code and address trustee powers and investment authority. After execution, ongoing administration includes recordkeeping, communication with the trustee, and periodic review to ensure the trust continues to serve its purpose. Because the firm represents clients from the Fredericksburg area, Mr. Sris and the firm’s Of Counsel attorneys coordinate closely with local financial advisors and care managers when needed.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates his practice in trust and estate planning, family law, and complex civil litigation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.

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 jeopardizing their eligibility for government benefits like Medicaid or SSI. Because the trust owns the funds and the beneficiary does not have direct access, the trust can provide for supplemental needs—medical care not covered by insurance, education, transportation, and quality-of-life expenses—while preserving essential public assistance. In Virginia, such trusts are governed by the Virginia Uniform Trust Code.

Do I need a special needs trust lawyer in Fredericksburg, VA?

While you are not legally required to hire a lawyer to create a special needs trust, working with an experienced attorney helps ensure the trust complies with Virginia law and properly protects the beneficiary’s benefits. Mistakes in drafting or funding can cause the trust assets to be counted as the beneficiary’s resources, resulting in a loss of benefits. Mr. Sris and the firm’s Of Counsel attorneys handle trust creation and administration for families throughout the Fredericksburg area.

How does a special needs trust work in Virginia?

In Virginia, a special needs trust operates under the terms of the written trust instrument and the Virginia Uniform Trust Code, with a trustee managing the assets for the beneficiary’s supplemental needs without distributing funds directly to the beneficiary. The trust may be revocable or irrevocable, depending on the source of funding. A third-party trust, funded by someone other than the beneficiary, is typically irrevocable and can include a payback provision to reimburse the state only if the trust so directs. A first-party trust must include a Medicaid payback provision.

How much does it cost to set up a special needs trust?

The cost of creating a special needs trust varies depending on the complexity of the trust, the funding source, and the attorney’s fee arrangement. Many attorneys charge a flat fee for drafting the trust document. Ongoing trustee fees, investment management costs, and tax preparation may apply. For a consultation to discuss your specific situation and obtain a fee estimate, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens if a special needs trust is not drafted correctly?

If a special needs trust fails to follow Virginia statutory requirements or the trust instrument grants the beneficiary too much control over trust property, the trust assets may be considered available resources for purposes of SSI and Medicaid eligibility. This can lead to a loss of benefits and a requirement to repay the state for any improper payments. Proper drafting and administration are essential to avoid these outcomes.

Can a special needs trust be changed or revoked?

A third-party special needs trust is usually irrevocable, meaning the person who created the trust cannot typically change or terminate it, though some flexibility may be built into the trust instrument. A first-party special needs trust is always irrevocable under federal law. If circumstances change, the trustee may petition the Circuit Court for a modification under the Virginia Uniform Trust Code, but court approval is required.

Related Practice Areas

Our firm serves clients across Virginia. Explore these related resources:

• Trust & Estate Lawyer Fairfax County, VA
• Trust & Estate Lawyer Fairfax (City), VA
• Trust & Estate Lawyer Falls Church (City), VA
• Trust & Estate Lawyer Prince William County, VA
• Trust & Estate Lawyer Manassas (City), VA

Primary Legal Sources

• Virginia Code Title 64.2 – Wills, Trusts, and Estates
• Virginia Judicial System

Last reviewed: July 2026

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