Legal Question in Wills and Trusts in California

Beneficiary of Trust on Disability

If a beneficiary of a Living Trust has been out of work for over 1 1/2 years and was on workmans comp but now states he is on disability and is suppose to be retrained for a new career, does this type of disability require the executor of the trust to put his distributions from the trust into a trust savings account until he re-establishes employment and if so, for how long after employment is re-established?


Asked on 5/11/02, 2:56 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Beneficiary of Trust on Disability

It all depends on what the trust says.

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Answered on 5/12/02, 2:44 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Beneficiary of Trust on Disability

Does the trust make this restriction? If so, then you have to abide by the trust. If you're asking whether trust distributions would interfere with his benefits, look to the trust to see if you can withhold distributions or have a "special needs trust" to not affect his eligibility for benefits.

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Answered on 5/16/02, 9:18 pm


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