Frequently Asked Questions

Q: If a family sets up a special needs trust and funds it, what happens if the individual it was set up to help dies before the funds in the trust are used up? 

A: If the beneficiary of a special needs trust (or just about any type of trust) dies before the funds are depleted, the remaining funds are distributed based upon the directions detailed in the trust document. They can be any other family members (siblings, aunts, uncles, nieces, nephews, cousins, etc.), any individuals, or any charities/organizations of the grantor's choice. This is why it is most important to name successor beneficiaries.

Q: My mother has a trust and we need to put in a special needs addendum. Do you have any forms that we can use to fill out and place in her trust?

A: This is not as simple as inserting a form. Legal documents need to be reviewed by attorneys and appropriate revisions need to be drafted by them. Unfortunately, we are not attorneys and cannot provide such information that you requested.

I suggest that you contact the attorney who drafted your mother's documents initially. If that is not an option, you should contact a lawyer in her state of residence who is knowledgeable in disability law and special needs trusts.