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Home >> What Does a Special Needs Trustee Do?

What Does a Special Needs Trustee Do?

January 28, 2011 by Robert Kulas. Leave a Comment

The trustee of a Special Needs Trust occupies an extremely important role. He or she is in charge of all the ordinary duties carried out by any other trustee, including:

  • Managing and investing the trust assets on behalf of the beneficiaries of the trust;
  • Keeping the books and records for the trust;
  • Reporting to the IRS as appropriate; and
  • Maintaining communication with the beneficiaries of the trust and distributing the trust income and/or principal for their benefit.

But, because a Special Needs Trust is established for the purpose of preserving a beneficiary’s public benefits, the trustee has the added responsibilities of:

  • Understanding the rules for the SSI and Medicaid programs, and ensuring that the distributions made by the trust do not jeopardize any public benefits;
  • Reporting to and cooperating with the agencies that administer the beneficiary’s public benefits;
  • Paying close attention to the special needs of the beneficiary, and looking after the beneficiary’s welfare; and
  • Working closely with the others involved in the beneficiary’s life, such as family members, social workers, caregivers, and teachers, to ensure that the beneficiary’s needs are met.

The trustee of a Special Needs Trust has to develop a level of expertise, both about the rules for what kinds of trust distributions are and aren’t allowed, and about the details of the beneficiary’s life.

For example, the trustee needs to know what counts as a “food and shelter” distribution, and avoid making this type of distribution, since these affect SSI benefits. And, the trustee needs to know the limits for making direct distributions to a beneficiary – otherwise, benefits can be reduced.

The rules surrounding public benefits programs can create a minefield for a trustee to navigate. Because of this, many trustees seek guidance from a professional, such as an attorney with Special Needs Trust experience, in administering the trust.

Recognizing the challenges that come with this type of trust, many families choose to select a professional trustee, like a bank, trust company, attorney, or an appropriate nonprofit organization.

Filed Under: Special Needs Planning Tagged With: special needs planning, special needs trust, trusts

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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