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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Re California snt. Trusts

Resolved Question:

Re California snt. Trusts


Can a special needs trust beneficiary who is not mentally but physically disabled and receiving California ssi income be a future co trustee of a separate family trust
That will fund co trustees special needs trust upon death pf settlor?

Can a special needs trust beneficiary be a co trustee or co executor of a family trust
Upon death of settler, parent.


Can a special needs trust beneficiary be a co executor pr even executor of a parents will
And also hold power pf attor ey if that beneficiary is not mentally incompetent but rather
Physically pr nuerplogi ally impaired, disabled but has good powers pf reasoning?
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

Yes, the SNT beneficiary can be executor of the parents' Will. The beneficiary can also be trustee of a trust created in the parents plan.

However, the disabled beneficiary should not be trustee of any trust that is created for the benefit of the disabled beneficiary. This is because a SNT is a purely discretionary trust at it heart. The trustee has ultimate and full discretion on the use of the trust assets. If the beneficiary is also the trustee that ultimate discretion gives the beneficiary too much control and therefore social security will not exclude them.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear XXXXX
Just wrote long reply, it seems to have skipped over to original
Page format to you, I only wanted your rly pr clarification,
Did not intend it to gonback onto forum. How can i find wording now
To direct ot to you?
Expert:  John Elder replied 1 year ago.
I am sorry. I do not see your reply on this post. The only way I can get information from you is to get your reply in the reply box. Let me know if you are still having a problem and I will get technical support to help.
Customer: replied 1 year ago.
Thank you for update, am searching for lost and long reply, hope to find it And will get it to you, shame to lose the wording, wanted to bevsure that
I understand the wording you used and that the the samecwords meathe
the same things to both of us.. Would love to rate your service as superlative, excellent and finish off on this technical glitch. Will answer tomorrow with lost reply I hope. Thank you so very much.
Expert:  John Elder replied 1 year ago.
Thank you. I will also have the technical folks on the site see if they can find your long lost reply. I understand how frustrating that can be. I have had the same thing happen when I typed a long response and it was lost.

John
Customer: replied 1 year ago.
Am unable to retrieve draft of reply to first
Snt question on Sunday, that was ,y reply to your reply. I know
It went into system because I received a fee. Estimate from a
Lawyer on site offering to answer. I requested John elder, but
Now my own draft is missing.
Expert:  John Elder replied 1 year ago.
Sorry for your problems. I have sent a message to support. I do not have control over the "backend" of the site. As an expert I am a user like you.

I have checked to see if you have other open questions and I cannot find one. I will let you know as soon as I get a response from the site's professional staff.

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