# SNTMaker > SNTMaker is a free, plain-English resource from Anderson Law Firm (Fountain Inn, South Carolina) that helps families understand supplemental needs trusts (SNTs, also called special needs trusts) — so a loved one with a disability can receive an inheritance, settlement, or other funds without losing SSI or Medicaid eligibility. Important: This is informational only. No attorney-client relationship exists until services are formally retained through Anderson Law Firm. Content on this site is general information about South Carolina and federal law, not legal advice for any specific situation. ## About the firm - Firm: Anderson Law Firm - Website: https://www.sclegacylaw.com - Phone: 864-228-7808 - Address: 302 N. Weston St., Fountain Inn, SC 29644 - Initial consultation fee: $495 - Service area: South Carolina ## Site sections - [What is an SNT?](https://www.sntmaker.com/#what-is-snt): The three main trust types — third-party SNTs, self-settled (first-party) (d)(4)(A) SNTs, and Miller Trusts (Qualified Income Trusts). - [Ask Owliver](https://www.sntmaker.com/#chatbot): Free AI chat assistant that answers general SNT questions in plain English. - [Trust Analyzer](https://www.sntmaker.com/#analyzer): Upload an existing trust (PDF or DOCX) for an informational AI review of its supplemental-needs provisions. - [Get Started](https://www.sntmaker.com/#get-started): Consultation request form; the firm follows up to schedule a $495 initial consultation. - [FAQ](https://www.sntmaker.com/#faq): Common questions about third-party SNTs, self-settled SNTs, and Miller Trusts. - [Funding resources](https://www.sntmaker.com/#funding): Common ways to fund an SNT — life insurance, inheritances, settlements, ABLE accounts, real estate, and retirement plans. ## Trust types in brief - Third-party SNT: Created and funded by someone other than the beneficiary (usually a parent or grandparent), often through a will or living trust. No Medicaid payback is required. - Self-settled / first-party (d)(4)(A) SNT: Funded with the beneficiary's own assets (e.g., a personal injury settlement or direct inheritance). The beneficiary must be under 65 when it is funded, and a Medicaid payback is required at death. - Miller Trust / Qualified Income Trust (QIT): Used in income-cap states like South Carolina when monthly income exceeds the Medicaid long-term care income limit. Only income flows through it; it does not protect assets. ## Frequently asked questions ### Third-Party SNTs **Q: What is a third-party supplemental needs trust?** A: A third-party SNT is created and funded by someone other than the beneficiary — usually a parent, grandparent, or other family member. It holds assets like an inheritance or life insurance proceeds for the benefit of a loved one with a disability, without counting against their eligibility for means-tested public benefits like SSI and Medicaid. **Q: Can I set one up in my will?** A: Yes. A testamentary third-party SNT is established through your will and only takes effect upon your death. It’s one of the most common ways parents plan for a child with special needs. You can also create a standalone (inter vivos) trust during your lifetime for immediate or future funding. **Q: Does a third-party SNT require a Medicaid payback?** A: No. Unlike a self-settled SNT, a third-party trust does not have a Medicaid payback requirement. When the beneficiary passes away, the remaining trust assets can go to other family members or beneficiaries you designate. **Q: Who can be the trustee?** A: You can name a trusted family member, a professional fiduciary, a bank trust department, or a combination. Many families choose a corporate trustee for long-term management and name a family member as a co-trustee or trust advisor to help with personal decisions. **Q: What can SNT funds be spent on?** A: SNT funds can pay for supplemental needs that government benefits don’t cover — things like education, recreation, personal care attendants, transportation, electronics, vacations, and home furnishings. Distributions generally should not be made directly to the beneficiary in cash. ### Self-Settled (d)(4)(A) SNTs **Q: What is a self-settled SNT?** A: A self-settled or first-party SNT (also called a “(d)(4)(A) trust” after the federal statute) is funded with the disabled individual’s own assets — typically from a personal injury settlement, inheritance received directly, or accumulated savings. It allows the individual to preserve benefit eligibility while the trust holds and manages those funds. **Q: Who can create one and are there age limits?** A: Under the Special Needs Trust Fairness Act (2016), the disabled individual themselves, or a parent, grandparent, legal guardian, or court, can establish the trust. The beneficiary must be under age 65 at the time the trust is funded. **Q: What is the Medicaid payback requirement?** A: Upon the beneficiary’s death, any funds remaining in a self-settled SNT must first be used to reimburse the state Medicaid program for benefits paid during the beneficiary’s lifetime. Only after this payback are remaining assets distributed to other beneficiaries. **Q: Can a personal injury settlement fund a self-settled SNT?** A: Yes, this is one of the most common funding sources. When a person with a disability receives a lawsuit settlement or court judgment, the proceeds can be placed into a (d)(4)(A) trust to protect ongoing SSI and Medicaid eligibility. **Q: What if the beneficiary is over 65?** A: Federal law generally prevents funding a new self-settled (d)(4)(A) SNT after the beneficiary turns 65. However, a pooled trust (managed by a nonprofit under §1917(d)(4)(C)) may accept transfers from individuals over 65 in some circumstances. Consult an attorney for guidance specific to your situation. ### Miller / Income-Only Trusts **Q: What is a Miller Trust?** A: A Miller Trust (also called a Qualified Income Trust or QIT) is an irrevocable trust used to help individuals qualify for Medicaid long-term care benefits when their monthly income exceeds the state’s income cap. South Carolina is an “income-cap” state, meaning a Miller Trust is required when income exceeds the threshold (approximately $2,829/month in 2024). **Q: When is a Miller Trust needed in South Carolina?** A: A Miller Trust is needed when an individual’s gross monthly income (Social Security, pension, annuity, etc.) exceeds the Medicaid institutional income limit but they otherwise qualify for Medicaid coverage of nursing home or long-term care services. **Q: How does income flow through a Miller Trust?** A: Each month, the individual’s income is deposited into the Miller Trust. The trust then distributes a personal needs allowance to the individual, pays for health insurance premiums, allocates a spousal income allowance (if applicable), and pays the remaining balance to the nursing facility. Only income flows through — not assets. **Q: Who manages a Miller Trust?** A: A family member or other trusted individual typically serves as trustee. The trustee’s duties are relatively straightforward: deposit income each month and make the required distributions. The trust must be irrevocable and must contain specific language required by Medicaid regulations. **Q: Does a Miller Trust protect assets?** A: No. A Miller Trust is strictly an income management tool — it does not shelter or protect assets. Asset protection requires separate Medicaid planning strategies. The Miller Trust simply redirects income through a legal structure so the individual meets the income eligibility threshold. --- This is informational only. No attorney-client relationship exists until services are formally retained through Anderson Law Firm. To discuss your situation, contact Anderson Law Firm at 864-228-7808 or visit https://www.sclegacylaw.com.