Tuesday, January 27, 2015

Hello,i have a special needs trust for my daughter. i no longer need this so what do i need to do?

Question

Hello,

i have a special needs trust for my daughter. i no longer need this so what do i need to do?



Answer

If it's a part of your living trust and doesn't take effect until after your death, you can amend the trust to remove the special needs provisions. If it is already in existence, you may not be able to revoke, but you can amend estate planning docs that fund it on your death. If funded and irrevocable, there may be a provision which allows the Trustee to make distributions which will invalidate the protected status. You should have an attorney review the documents and advise you how to handle this.



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