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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 50767
Experience:  Texas lawyer for 30 years in Estate law
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My mother created a Trust for the family, and specifically,

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My mother created a Trust for the family, and specifically, a Special Needs Trust for my sister. All money has been distributed save about $200k for my sister. She has not been diagnosed with any illness other than her bad decision making. So my mother created the Special Needs for me as Trustee to manage. My sister would like to by a home.Questions:
1) Does the home vesting need under the Special Needs Trust or can the vesting go in her name?
2) If vesting remains in the trust, and the cash available has been spent, what is my responsibility?Thank you.
***** *****

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Tittle should be held by the trust.This would protect it from being counted by medicaid as a resource.If this is all the funds in the trust it really isn't prudent to spend it all.She may well need it for medical care here down the road.It would be more prudent here to rent property for her use and save some for a rainy day.

Since she has limited amount of money here not sure buying proeprty is the way to go since as trustee you have fiduciary duty to manage her funds here prudently.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

RayAnswers and 2 other Estate Law Specialists are ready to help you
Customer: replied 7 months ago.
Agreed; however, this was complicated by my mother's comments in the trust indicating she would like my sister to purchase a residence.

So here the trust can purchase and hold title assuming the sister can maintain it if thats all the funds you have.It is possible to purchase.