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Details Regarding Special Needs Trust Administration

If a person wants to leave property to a loved one with special needs in the state of California, he or she should consider using a special needs trust. The main reason for creating such a trust is to preserve the government benefits that the special needs person receives. Without such a trust, the property that the person leaves to the special needs loved one in a will or a living trust could potentially disqualify the special needs person from receiving government benefits at least for the period of time that it takes the special needs person to exhaust the property that he or she received through a will or living trust. In addition, a special needs trust can also help the special needs person live a fulfilling life.

Selecting the trustee to administer the special needs trust is an important decision because the special needs trust administration requires more knowledge than the administration of a normal trust. In addition to having knowledge of the state probate laws, federal and state tax laws, and the common law on administration of trust, the trustee of a special needs trust must have knowledge of the laws governing public benefits.

The special needs trust administrator mandates that the trustee understand the type of public benefits available for California persons with disabilities. She or he must learn how the special needs trust disbursements will affect these public benefits. Moreover, she or he must assess what is the ideal way to pay for a person with a disability's housing, caregiver costs, transportation, and related expenses. Furthermore, the trustee should know how to handle the special needs trust investments, accountings and taxes. Finally, the trustee must be able to keep accurate records of each and every special needs trust transaction.

For these reasons, appointing a private trustee for a special needs trust is a better option than appointing a family member or bank. California screens and licenses private trustees. In 2007, California enacted the Professional Fiduciaries Act creating the Professional Fiduciaries Bureau as a unit of the California Department of Consumer Affairs. Under the Act, the Bureau licenses and regulates non-family member fiduciaries who serve as trustees, conservators, guardians, executors, and as agents under a power of attorney or advance health care directive.

Tucker Cheadle is a licensed private trustee in California. He has acted as a fiduciary, trustee, executor, and administrator on more than 70 trusts and wills. Cheadle Law continues working with clients year over year because of the skill and expert handling of all trust matters including special needs trust administration.

With over 30 years of experience, Tucker Cheadle and his team of accountants and paralegals will help protect your rights. Call Tucker Cheadle at 949-553-1066. He will go over your options, and help you get clarity to make wise future decisions about your special needs trust.

A review of any materials on this web page, any preliminary comments or an introductory meeting does not constitute legal, income tax or accounting advice upon which reliance can be placed. The attorney client relationship can only be created by a written retainer agreement following a check of potential and actual conflicts of interest with other clients.
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