Brian Wyatt Legal

trusts & estates
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special needs planning

Archive for May, 2010

Who Should Be Trustee of a Special Needs Trust?

Friday, May 7th, 2010

Clients and other attorneys regularly ask me who can be the trustee of a Special Needs Trust.  The quick answer is that it cannot be the person with a disability (i.e., the beneficiary) or their spouse.  The law effectively prohibits it.  If we were to make the beneficiary or their spouse trustee, the funds held [...]

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