How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
Estate Lawyers are Online Now

Special Needs Trust Law

A special needs trust is a trust that is set up to help a disabled person who may be receiving or may have to take medical and financial help from the state or federal government. A special needs trust may allow an individual to put money into the trust and use it at a later date for their needs. It is governed by a number of state and federal rules and regulations. Given below are a few questions answered by the Experts on the Special Needs Trust Law.

What kind of a special needs trust may be accepted by Medicaid?

According to the special needs trust law, a third party special needs trust may be formed if an individual is planning for Medicaid in the future. This means that an individual whose special needs trust is funded by another person may be eligible for Medicaid. If an individual funded their own special needs trust, they may not be eligible for Medicaid.

Should a special needs irrevocable trust be amended in order to appoint a new trustee?

A special needs irrevocable trust may not have to be amended to appoint a new trustee. The current trustee may resign from their position by submitting a resignation letter and the new trustee may be appointed according to the specifications mentioned in the trust. The new trust may then inform the trust members about the resignation of the old trustee and their own appointment.

What can a beneficiary ask for from a special needs trust?

According to the special needs trust law, a beneficiary may request for any medical needs that may not be covered by Medicaid. They may also request for things like clothes, appliances, rent and transportation. However, it may be up to the trustee to decide if the things that the beneficiary has asked for may be given to them and to what extent a beneficiary can ask for things from the trust. In some situations, whether a beneficiary gets what they ask for from the trust may also depend on what the trust has. The beneficiary may approach the trustee with their request and the trustee may inform the beneficiary if their request has been approved or not. It is the trustee’s fiduciary duty to provide the beneficiary with whatever they may ask for whenever possible by the trust.

What is the maximum amount of money that may be put into a special needs trust?

As per the special needs trust law, there may be no limit to the amount of money that can be put into a special needs trust. Any amount of money may be put into the trust.

Who would an automobile be registered to if it was purchased by the special needs trust for the beneficiary?

An automobile that is purchased by a special needs trust for a beneficiary may be registered to the trust. If it is registered in the name of the beneficiary, it may be considered to be an asset of the beneficiary. This would prevent the beneficiary from receiving SSI benefits.

What can a beneficiary of a special needs trust do if a trustee refuses to perform their fiduciary duty?

If a trustee of a special needs trust refuses to perform their fiduciary duty, the beneficiary of the trust may take action against the trustee in court and request for them to be removed from the position of a trustee. The beneficiary may request the court to appoint a new trustee instead.

The special needs trust is governed by many state and federal rules. It is important for you to know these rules in order to understand how the trust works. These rules may differ depending on your state and jurisdiction. It may not be easy for you to find information about the special needs trust on your own. Put your questions to an Expert now for information and insights that can help you tackle your case in the proper manner.
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)