Legal Question in Wills and Trusts in California

supplemental needs trust california

Is the following a complete and total legal wording for a supplemental (special) needs trust in the state of california so that the beneficiary will not lose ssi and medical benefits. thank you.

'' The Trust estate shall then be administered for the health, education, maintenance and support needs, as they are determined in the sole discretion of the Trustee, for the beneficiary.''


Asked on 1/29/07, 5:07 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: supplemental needs trust California

The short answer is no--the trust would most likely be considered available for SSI or Medi-Cal purposes. Special needs trusts (SNT) are tricky, so money spent for an attorney-drafted would be well worth it. The type of drafting also depends on whether the trust is a third-party one (e.g., gift/inheritance from a relative) or a first-party one (e.g., proceeds from a personal injury settlement).

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Answered on 1/29/07, 6:19 pm
Vandad Moheban Moheban Law Firm

Re: supplemental needs trust california

In order to properly preserve governmental benefits,the preparation of a special needs trust should be done by an attorney. Further, the original trust documents should be reviewed. If you wish to discuss this further with our office, we offer a thirty minute free telephone consultation at 1.877.MOHEBAN. As for Susan Tenzer or Vandy Moheban.

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Answered on 2/01/07, 2:14 pm


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