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Who can establish a Special Needs Trust (SnT)?
Typically, the parents of an individual with disabilities or special needs will be the persons who establish a third-party SNT, although a grandparent, a sibling, or any other person (other than the beneficiary) may establish the SNT.
How does a trustee make distributions to a beneficiary with special needs?
In making distributions to Beneficiary for her special needs as herein defined, the Trustee shall take into consideration the applicable resource and income limitations of the public assistance program for which Beneficiary is eligible.
Should I set up a stand alone SNT or subtrust?
SNTs created under a Will or as a subtrust within a Living Trust do not come into existence (and therefore cannot receive gifts) until after the death of the individual whose Will or Living Trust created the SNT. Therefore, a stand-alone SNT may be more useful if there are multiple donors who wish to fund the SNT.
How should trust provisions be interpreted?
The following Trust provisions should be interpreted in light of these concerns and Grantor’s stated intent as Grantor is fully aware that the assets of this Trust are insufficient to independently provide for Beneficiary’s basic care.
What can a special needs trust trustee expend funds for?
A special needs trust trustee may expend funds for the following: non-food grocery items (e.g. laundry detergent, fabric softener, deodorant, soap, personal hygiene products, paper towels, toilet paper, etc…) vacations / travel (except SNT cannot pay for food). * The best practice is for the Trustee to pay the above directly to the vendor.
What happens to a special needs trust when the beneficiary dies?
Trust funds are depleted. The beneficiary no longer needs government benefits. The beneficiary is no longer eligible for government benefits. The beneficiary dies. To learn more about special needs trust, go to the Special Needs Trusts section of Nolo.com.
What types of property can be held in a special needs trust?
What Types of Property Can Be Held in the Trust. Virtually any type of property can be held in a special needs trust, including real estate, stocks, collections, a business, patents, or jewelry.