Legal Question in Wills and Trusts in California
Hello,
i have a special needs trust for my daughter. i no longer need this so what do i need to do?
Asked on 2/28/15, 8:12 am
1 Answer from Attorneys
Michele Cusack
Pollak & Cusack
If it's a part of your living trust and doesn't take effect until after your death, you can amend the trust to remove the special needs provisions. If it is already in existence, you may not be able to revoke, but you can amend estate planning docs that fund it on your death. If funded and irrevocable, there may be a provision which allows the Trustee to make distributions which will invalidate the protected status. You should have an attorney review the documents and advise you how to handle this.
Answered on 2/28/15, 10:16 am