Texas Special Needs Trust Rules 2025 | ABLE + SNT Guide

You’re not alone in this. As a parent who’s navigated these waters for over 18 years with my autistic son, I know the fear that keeps you up at night — the worry that one wrong move could cost your child their benefits, their care, their future. Take a breath. You’ve found the right place, and Texas has real options to protect your family.

Here’s everything you need to know about Special Needs Trusts and ABLE accounts in Texas — no legal jargon, just clear answers from a parent who’s been there.

Quick Facts: Texas Special Needs Trust Rules (2025)

  • First-party Special Needs Trust allowed: Yes
  • Third-party Special Needs Trust allowed: Yes
  • Sole benefit rule: No
  • ABLE contribution limit (2025): $19,000/year
  • ABLE balance limit before SSI impact: $100,000
  • Medicaid payback required: First-party trust only (not third-party)
  • Age limit for first-party trust: Under 65 at creation
  • Disability onset for ABLE eligibility: Before age 26

What Are the SNT and ABLE Rules in Texas?

📜

Special Needs Trusts

  • First-Party SNT: Yes
  • Third-Party SNT: Yes
  • Sole Benefit Rule: No
💰

ABLE Account

  • 2025 Limit: $19,000/year
  • Age Requirement: Disability onset before 26
  • Official Site: Texas ABLE →
📅

Age Limits

Under 65 for first-party; none for third-party

🏥

Medicaid Payback

Yes (first-party only)

Third-party SNTs avoid payback entirely

Official sources: Texas Medicaid · SSA Guide to Special Needs Trusts

What’s the Difference Between ABLE and SNT in Texas?

Here’s what most websites won’t tell you: ABLE and SNTs aren’t rivals — they’re teammates. Many Texas families use both for complete protection. ABLE handles the day-to-day ($19,000/year for therapy, equipment, activities), while an SNT protects larger amounts (inheritance, lawsuit settlements, gifts over $2,000).

💰 ABLE Account
Annual Limit $19,000 (2025)
Account Cap ~$100K (SSI-safe)
Setup Cost Free or low-cost
Who Opens Individual or rep
Age Requirement Onset before 26
Medicaid Payback Yes (at death)
Best For Day-to-day expenses
Tax Benefits Tax-free growth
📜 Special Needs Trust
Annual Limit No limit
Account Cap No limit
Setup Cost $2,000–$5,000+
Who Opens Parent, guardian, court
Age Requirement Under 65 (1st-party)
Medicaid Payback 1st-party: Yes
3rd-party: No
Best For Large assets, inheritance
Tax Benefits Trust income taxed
💡 Texas Pro Tip: Most families benefit from using BOTH. ABLE for quick access to $19,000/year (therapy, equipment, daily needs). Special Needs Trust for protecting larger amounts (inheritance, settlements, gifts over $2,000).

Do I Need an SNT, ABLE, or Both in Texas?

Answer 4 quick questions to get a personalized recommendation for your Texas family:

🧮 Do You Need a Special Needs Trust, ABLE Account, or Both?

Answer a few quick questions to get a personalized recommendation for Texas.

How Do I Get Started with SNT Planning in Texas?

📋 Free Texas Special Needs Planning Checklist

Get our comprehensive checklist covering Special Needs Trusts, ABLE accounts, benefit protection, and estate planning — customized for Texas rules.

What’s included:

  • ✓ Texas-specific Special Needs Trust requirements
  • ✓ ABLE account setup steps
  • ✓ Documents to gather before meeting an attorney
  • ✓ Benefit protection red flags
  • ✓ Questions to ask your attorney
  • ✓ Annual review checklist

📧 Get the free PDF checklist:

No spam. Just the checklist + occasional updates when Texas rules change.

What Mistakes Should Texas Families Avoid?

⚠️ Parent Traps to Avoid in Texas

From my 15+ years helping families (including my own):

  • Texas has no state income tax — no ABLE tax deduction, but Texas ABLE has competitive fees.
  • Not knowing Texas Medicaid has specific requirements that can trip up out-of-state attorneys.
  • Thinking Dallas, Houston, or Austin attorneys know rural Texas — vast regional differences.
  • Missing that Texas has a strong network of experienced SNT attorneys in major metros.
  • Forgetting Texas' size means travel for services should be planned in SNT funding.

What Are My Next Steps?

✅ Your Next Steps to Protect Your Child

  1. Use the calculator above to see if you need an ABLE, SNT, or both.
  2. Download the free Texas Checklist to prepare for an attorney meeting.
  3. Open an ABLE account — takes 15 minutes, costs nothing, protects $19K immediately.
  4. Consult a Texas special needs attorney — free initial consultation available.

💡 Don’t wait. Every month without protection is a risk. I learned this the hard way.

How Do I Find a Texas Special Needs Attorney?

👨‍⚖️ Need a Texas Special Needs Attorney?

Get a free consultation with a verified special needs trust attorney in Texas. They understand the unique rules and can protect your child’s benefits.

  • ✓ Free initial consultation
  • ✓ Experienced in Texas Medicaid rules
  • ✓ Can set up Special Needs Trusts and coordinate with ABLE accounts
Find a Texas Attorney →

We only recommend attorneys we’d trust with our own family.

How Does Texas Compare to Other States?

🗺️ How Texas Compares to Nearby States

Neighboring states: Arkansas, Louisiana, New Mexico

States with similar rules: Louisiana, Oklahoma

💡 Texas has no state income tax and a strong network of SNT attorneys.

Moving or have family in another state? Compare states side-by-side →

More Resources

📚 Complete ABLE vs SNT Guide — Deep dive into when to use each
📊 Compare Texas to Other States — See how rules differ
📋 Resource Hub — Checklists, calculators, and guides


Randy Smith - Special Needs Trust By State
Written by Randy Smith
Special needs dad from Tallahassee, Florida. 18+ years navigating Special Needs Trusts and ABLE accounts for his autistic son. Not a lawyer — just a parent who’s been where you are.

Last updated: December 2025. I review Texas rules quarterly and update this page whenever regulations change. Bookmark it.

Hey there! Ask me anything!