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By: Scott Grossman on September 15th, 2016

Duties of the Special Needs Trustee during Trust Administration

Serving as the trustee of a special needs trust 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.

The following are six duties of a Special Needs Trustee:

  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 entitle to the beneficiary under the law.
  6. Distribute the trust property after the trust terminates under its terms.

While administering a special needs trust, you may be required to involve the probate court.

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