Trustee Questions

If I become trustee of my brothers special needs trust and he challenges it in any way, can I use the funds for legal fees? Also, what happens when he passes away? Does he need to appoint a beneficiary?

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Dec 23, 2010
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by: Mo Johnson

Hi, OK, well, truthfully the language of the Special Needs Trust you are trustee of should answer your questions. If it doesn't address these issues, then you need to take it to a trust attorney to discuss what to do.

Most trusts specify that trust assets can be used by a trustee if litigation arises from the trustee's doing his or her duties.

And, certainly, the trust should specify what happens to trust assets if/when the beneficiary passes away.

If you can give us more info about what the trust says, then maybe I can say more.

Good luck!

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