Legal Question in Wills and Trusts in California

Are there restrictions on what a Special Needs Trust can distribute to a beneficiary who receives SSDI (Not SSI)?


Asked on 4/28/11, 3:37 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Ordinarily a Special Needs Trust doesn't distribute directly to the beneficiary, but instead is able to supplement what the beneficiary receives from SSI or SSDI. A Special Needs Trust can pay for many things, but cannot give cash to the beneficiary. The trust an pay for education expenses, travel, home entertainment, medical bills not covered by Medi-Cal. Any attorney will need to review the actual trust document to give a more specific answer. For example, is the trust a 1st party or a 3rd party trust? And is it court supervised? I specialize in special needs planning and would be happy to give you a free consultation to talk about the specifics of your trust instrument.

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Answered on 4/28/11, 4:12 pm


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