Legal Question in Wills and Trusts in New Jersey
what are the rights of a beneficiary of a supplemental (special needs) trust?
Asked on 9/14/10, 5:23 am
1 Answer from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
To answer your question, I would need to review the terms of the trust...since there is no "standard form" of Special Needs trust that applies the same rights to all beneficiaries.
However, most special needs trusts are drafted to be very discretionary...meaning that the special needs beneficiary has little or no right to trust income or principal...the trustee does not have to pay any money to or for the beneficiary. This is done to preserve government benefits that the beneficiary may qualify for.
Answered on 9/22/10, 11:46 am