Estate Planning, Elder Law & Special Needs Trusts
Protecting your legacy and your family's future.
Thereasa Rinderknecht, PC has expanded her practice to include Estate Planning, Elder Law, and Special Needs Trusts beginning January 2026, in the Law Office of J. Kevin Tharpe, PC.
Our Estate Planning Services
Whether you are protecting your estate for future generations, planning for a loved one with special needs, or navigating the complexities of elder law, Thereasa Rinderknecht PC and J. Kevin Tharpe PC provide clear, personalized guidance at every stage.
Revocable Living Trusts
A revocable living trust allows you to manage your assets during your lifetime and transfer them to your chosen beneficiaries without going through probate. Unlike a will, a trust takes effect immediately, keeps your estate private, and can be amended at any time. Ideal for individuals and families who want flexibility and a streamlined inheritance process.
Complete Estate Planning
Comprehensive estate planning goes beyond a simple will. We work with clients to draft complete estates plans, powers of attorney, healthcare directives, and trust documents that reflect their specific wishes — ensuring the right people make decisions on your behalf when it matters most.
Special Needs Trusts
A Special Needs Trust protects the financial future of a disabled family member without disqualifying them from government benefit programs such as Medicaid or SSI. Careful drafting is essential — we help families provide for loved ones while preserving their access to critical public benefits.
Elder Law
Elder Law addresses the legal needs of aging individuals and their families, including long-term care planning, Medicaid planning, guardianship, and the protection of assets. We help seniors and their families plan proactively to protect independence and dignity.
Depth of Expertise: The Tharpe Collaboration
Beginning in January 2026, Thereasa Rinderknecht expanded her practice to include Estate Planning, Elder Law, and Special Needs Trusts. Ms. Rinderknecht can now be found assisting clients and furthering her study under Attorney J. Kevin Tharpe in Gainesville.
Mr. Tharpe is well known as a leading expert in Estate Planning, Elder Law, and Special Needs Law; and from the radio program he co-hosts , 'Truth in Planning', weekly on WDUN-FM 102.9.
This collaboration means clients benefit from direct access to one of North Georgia's most respected estate planning practitioners — combining Ms. Rinderknecht's personal attention and advocacy with Mr. Tharpe's deep subject-matter expertise.
Special Needs Trusts: Protecting Benefits, Securing Futures
A Special Needs Trust (SNT) is a legal arrangement that allows families to set aside funds for a loved one with a disability without disqualifying that person from means-tested government programs — including Medicaid and Supplemental Security Income (SSI). Once enrolled in these programs, receiving an inheritance or large cash gift directly can cause a beneficiary to lose eligibility. A properly drafted SNT prevents this.
Special Needs Trusts are valuable planning tools for:
- Parents of a child with a developmental disability, autism, or chronic illness
- Families of an adult who became disabled due to injury or illness
- Grandparents, siblings, or other relatives who want to provide for a disabled loved one in their estate plan
- Individuals receiving a personal injury settlement who must preserve benefit eligibility
We work closely with families to draft third-party Special Needs Trusts that comply with Georgia law and federal benefit program requirements. Every trust is tailored to the beneficiary's needs, the family's goals, and the specific benefit programs involved.
Common Questions About Estate Planning in Georgia
Estate planning can feel complex — these answers cover the most common questions our clients ask before their first consultation.
When should I create a trust?
There is no single right age or life stage, but most estate planning attorneys recommend creating a trust when you have assets — real estate, savings, or investments — that you want to pass to beneficiaries without the delay and expense of probate. Major life events such as marriage, the birth of a child, the purchase of a home, or a diagnosis affecting a family member are common triggers. The earlier you plan, the more options you have.What is the difference between a will and a revocable living trust?
A will takes effect only at death and must pass through the probate court process before your assets are distributed — a process that can take months and is a matter of public record. A revocable living trust takes effect immediately upon signing, allows you to manage your own assets during your lifetime, and transfers assets to your beneficiaries privately and without probate when you pass. A trust also allows for management of your assets if you become incapacitated before death — a will cannot do this.What does Elder Law cover?
Elder Law is a broad practice area that addresses the legal, financial, and care-planning needs of older adults and their families. This includes drafting powers of attorney and healthcare directives, Medicaid planning to help cover long-term care costs, guardianship proceedings when a loved one can no longer manage their own affairs, and protection of assets from exploitation or mismanagement. Elder Law is often most valuable when families begin planning before a crisis occurs.How does a Special Needs Trust interact with government benefits?
Government benefit programs like Medicaid and SSI have strict income and asset limits. If a disabled individual receives an inheritance, a lawsuit settlement, or a direct financial gift that pushes their countable assets above the program threshold, they can lose eligibility. A properly structured Special Needs Trust holds those funds in a separate legal entity that the beneficiary does not 'own' in the eyes of the benefit program — allowing the trust to pay for supplemental needs (medical equipment, education, transportation, personal care items) without disrupting eligibility. Drafting errors can inadvertently disqualify a beneficiary, which is why experienced legal counsel is essential.
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Schedule Your Estate Planning Consultation
Whether you are ready to create a trust, update an existing plan, or explore your options for the first time, Thereasa Rinderknecht, PC is here to help. Reach out to schedule a confidential consultation.
Thereasa Rinderknecht, PC | Gainesville, Georgia | Serving Hall County and North Georgia