Special Needs Planning in California

Special needs planning is about more than legal documents.  It’s about peace of mind. At Nickerson Law, we help families create thoughtful plans that safeguard benefits, ensure quality care, and protect assets for their loved ones with disabilities.

What Is Special Needs Planning?

Special needs planning is a legal process that helps families provide for loved ones with disabilities without jeopardizing eligibility for vital public benefits like SSI or Medi-Cal. It often involves creating a Special Needs Trust to manage funds while preserving benefits, along with related tools such as limited conservatorships and tailored estate plans.

At Nickerson Law, we guide you through every step, ensuring your plan supports your loved one’s independence, care, and quality of life for years to come.

Nearly 1.4 million children in California, about 16% of kids under 18, have or are at higher risk for chronic health or developmental conditions that require extra services.

Caregiver supporting an adult with special needs in a wheelchair outside a residential facility in California, symbolizing compassionate planning for the future.

Who This Helps

Special Needs Planning supports families, caregivers, and individuals with disabilities by protecting benefits, securing care, and providing peace of mind for the future.

Parents of Special Needs Children

Ensure your child’s financial security and care without risking eligibility for government benefits.

Adults with Disabilities

Protect your assets, healthcare choices, and quality of life while preserving public benefits.

Caregivers & Guardians

Gain legal tools to make decisions and safeguard your loved one’s rights.

Blended Families with Special Needs Members

Ensure fair and clear asset distribution while meeting the unique needs of every family member.

Why Choose Nickerson Law

Personal Experience

Our founding attorney is the parent of two adult sons with special needs.

Comprehensive Planning

From trusts to conservatorships, we cover every aspect.

Compassionate Guidance

We understand the emotional and practical challenges families face.

Want to learn more about the people behind Nickerson Law?

What Clients are Saying

Real feedback from families we’ve helped across the Inland Empire.

5 star rated goggle reviews from customers

“Working with this law firm made it so easy and stress free with our son’s conservatorship and estate trust. Highly recommend Jeffrey’s team to get what you need done.”

- Jeff, Murrieta
5 star rated goggle reviews from customers

“We have been very pleased with the professionalism and knowledge that was demonstrated by Jeff Nickerson and his staff. We feel confident and prepared for the times ahead when we will need to rely upon the estate planning and special needs legal documents that Nickerson Law prepared for us.”

- Heather, Temecula
5 star rated goggle reviews from customers

“Mr. Nickerson and everyone in the office were very professional, considerate, and supportive, which was so helpful, especially after my husband died a few months ago. Having such an experienced law firm to go to will continue to help our family in the future.”

- Billie, Murrieta

Ready to Protect Your Family’s Future?

Get started today with a personalized estate plan that fits your family’s needs.

Virtual consultations available. Evening appointments on request.

Frequently Asked Questions

Clear Answers to Common Special Needs Planning Questions in California

A Special Needs Trust (SNT) is a legal tool—often irrevocable—that holds funds for a person with disabilities without disqualifying them from government programs like SSI or Medi‑Cal. If assets passed directly to the individual, they could exceed eligibility limits. A properly drafted SNT preserves benefits while enhancing their quality of life.

  • First‑Party SNT: Funded by the disabled individual’s own assets (e.g., inheritance or settlement); must be under age 65 and include Medicaid payback.

  • Third‑Party SNT: Funded by someone else (e.g., parents); avoids payback and is often established for long-term planning.

  • Pooled Trust: Managed by a nonprofit, where individual accounts benefit from shared administration; available at any age.

Ideally well before the individual turns 65. Early planning, whether the beneficiary is a baby or adult, ensures that any future assets (like gifts or inheritance) can be deposited into the trust immediately, without jeopardizing public benefits.

Yes, technically a beneficiary can establish their own SNT under § 1396p(d)(4)(A), but that typically disqualifies them from managing it. Most families, especially parents or guardians, establish trusts for the beneficiary to maintain control and oversight.

Permitted expenses include medical or dental care not covered by Medi‑Cal, assistive technology, education, transportation, therapies, personal care, and enriching experiences like hobbies or community programs. It must supplement, not replace, what public benefits provide.

Yes. While state benefits like Medi‑Cal or regional center services provide key support, planning legally gives you a way to enhance your loved one’s care without unintentionally disqualifying them. The Lanterman Act (California) ensures rights and services, but a well-designed SNT allows you to go further—providing quality-of-life enhancements and financial protection alongside those benefits.

Special Needs Planning Insights

Learn more with our latest articles and guides to help you make informed decisions for your family’s future.

The California Self-Determination Program (SDP) gives families of individuals with developmental disabilities more flexibility and control over the services they receive, including the ability to choose providers and customize a yearly budget. Nickerson Law can guide families through the enrollment process, help create a personalized plan, and coordinate services alongside a special needs trust.

Service animals, as defined under the Americans with Disabilities Act, are specially trained dogs that assist individuals with disabilities, and businesses, housing providers, and airlines are generally required to accommodate them under specific legal guidelines. Nickerson Law can help families understand their rights, navigate service animal regulations, and address challenges related to travel, housing, and public access in California.

Proper planning for a loved one with special needs is essential to protect their eligibility for public benefits while ensuring they have resources to maintain comfort, dignity, and quality of life. Creating and properly funding a customized special needs trust—rather than relying on siblings or disinheriting the beneficiary—provides long-term protection, flexibility, and peace of mind for families.

Probate Guidance For California Families

We help executors and loved ones settle estates efficiently and respectfully—no contested litigation. Clear steps, court compliance, and steady communication from start to finish.

What Is Probate and Why It Matters

Probate is the court process for transferring a person’s assets after death, paying valid debts and taxes, and distributing what’s left to heirs. In California, a well‑run probate keeps everything organized, protects the executor from mistakes, and provides court‑approved closure for the family.


At Nickerson Law, we handle uncontested probate from petition through final distribution. If a dispute or lawsuit erupts, we’ll connect you with trusted litigators while we continue supporting the administrative steps we can—so you’re never left on your own.

Some assets skip probate entirely in California; think beneficiary‑designated accounts, certain trusts, and assets titled “joint tenancy.” Many smaller estates may qualify for simplified procedures (e.g., small‑estate affidavits or spousal property petitions), saving time and cost.

Senior couple sitting on a couch reviewing estate planning documents together at home

Who This Helps

Estate planning benefits more than “the wealthy.” If you want your family protected and your wishes honored, this is for you.

Executors & Administrators

Step‑by‑step help filing the petition, notifying heirs/creditors, and closing the estate.

Families with California Real Estate

Handle court authority, listing approvals, and sale proceeds properly.

Surviving Spouses & Registered Domestic Partners

Use spousal procedures where available and transfer assets cleanly.

Out‑of‑State Personal Representatives

Ancillary probate help when the decedent owned property in California.

Adult Children & Heirs (No Will)

Navigate intestate succession when a loved one dies without a will.

Trustees Facing ‘Pour‑Over’ Assets

Coordinate trust funding when some assets still require probate.

Did You Know? Probate in California Comes With Unique Rules

Quick facts most families don’t hear until they’re already in the process.

Why Choose Nickerson Law

Personalized Approach

Every family’s situation is unique, so your plan will be tailored to your needs.

Protection for Your Loved Ones

We make sure your family’s future is safe and your wishes are respected.

Decades of Legal Experience

We’ve been guiding families through estate planning and probate for years.

Want to learn more about the people behind Nickerson Law?

What Clients are Saying

Real feedback from families we’ve helped across the Inland Empire.

5 star rated goggle reviews from customers

“Nickerson and his team are the true experts in their field and made my experience in Estate Planning a wonderful and super easy one. Everyone was also very nice and professional.”

- Abby, Temecula
5 star rated goggle reviews from customers

“If I could give 10 stars I would. From start to finish – professional, kind, patient and understanding. Couldn’t have had a better experience”

- Cori, Temecula
5 star rated goggle reviews from customers

“With Nickerson Law you are taken care of. They have the old school honesty, that comes from the heart. Thank you for everything! God Bless you and your family!”

- C Oettle, Murrieta

Ready to Protect Your Family’s Future?

Get started today with a personalized estate plan that fits your family’s needs.

Virtual consultations available. Evening appointments on request.

Frequently Asked Questions

Here’s what most California families ask before building their estate plan.

No. Assets with named beneficiaries (like life insurance or retirement), assets held in a living trust, and some jointly‑owned property usually bypass probate. Some smaller estates may qualify for simplified procedures.

California’s intestate‑succession rules determine who inherits. The court typically appoints an administrator (often a close family member) to handle the process, similar to an executor.

Every estate is different, but a straightforward California probate commonly ranges from several months to over a year, depending on court calendars, creditor timelines, real‑estate sales, and tax issues.

You must safeguard assets, notify heirs/creditors, pay valid debts and taxes, account to the court, and distribute the estate according to the will or California law—all under court supervision.

There’s usually at least one hearing to open the case; additional hearings depend on what’s required (e.g., confirming a real‑estate sale). We prepare you and handle filings so you’re not alone.

Assets in a revocable living trust, payable‑on‑death/transfer‑on‑death accounts, many retirement accounts and life insurance with beneficiaries, and some joint‑tenancy property typically pass outside probate.

We do not litigate contested matters. If a dispute arises, we will refer you to proven probate‑litigation counsel and coordinate the administrative steps we can in parallel.

Estate Planning Insights

Learn more with our latest articles and guides to help you make informed decisions for your family’s future.

Only about one-third of Americans have a will or living trust and if you die without one, your estate could take two years to settle and cost tens of thousands in legal fees. Even among high earners, just 15% have kept their wills up to date, leaving many families exposed to uncertainty and expense.

When ‘I Got You Babe’ needs a will: discover how Sonny Bono’s shocking lack of an estate plan triggered a fierce legal battle between his widow and ex-wife Cher over his music royalties, underscoring the urgent need for clear, binding agreements to protect your legacy.

Will or trust? Which one really serves your family’s needs best? Explore how a will may be quick and affordable now, but risk delays, disputes, and court entanglements later, while a trust might cost a bit more upfront but offers faster, private asset transfers free from probate hassle.

Secure Your Legacy — Start Planning Today

Whether you’re protecting your children, preparing for retirement, or making sure your wishes are honored, the right plan makes all the difference.

Families across Murrieta and the Inland Empire trust Nickerson Law for clear, compassionate estate planning.

Serving California families for over 20 years