Six Duties of the Special Needs Trustee During Trust Administration

Serving as the trustee of a special needs trust in San Diego is similar to a more common revocable living trust; however, special needs trusts do have certain unique traits. A special needs trust is set up for the benefit of a disabled loved one. These trusts enable the disabled person to be the beneficiary of a trust without jeopardizing his or her ability to receive government benefits. A trustee of this type of trust must act with honesty and integrity during the trust administration process.

What are some of the basic duties of a special needs trustee while administering a San Diego estate?

The following are six examples:

  1. Make all financial decisions for the trust with the best interest of the beneficiary in mind. The goal of the special needs trust is to enhance the life of the beneficiary, including using your best efforts to make trust funds last far into the future.
  2. Invest and manage the assets of the trust responsibly, seeking out assistance from professional advisors if necessary.
  3. Keep the beneficiary informed about trust activity.
  4. Maintain accurate and up-to-date records.
  5. Pursue court intervention if Social Security or Medicaid programs are not providing the benefits that entitles to the beneficiary under the law.
  6. Distribute the trust property after the trust terminates in accordance with its terms.

While administering a special needs trust, you may be required to involve the probate court. Our article, “California Special Needs Trust: Involving the California Probate Court,” provides more information about when to petition the court.

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Related Links:

What to Do When a Disabled Person Receives an Inheritance

Preserving the Inheritance of a Disabled Person

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307