Legal Question in Wills and Trusts in Pennsylvania

A trustee can only do what is provided in the trust document. Whatever is done with trust property has to be done for the beneficiary's benefit.

Why would she need a lawyer to communicate with the family?

She should be consulting a lawyer who is experienced in special needs trusts, because if they are not properly administered, the beneficiary will become ineligible for the benefits (other than the trust) he needs.

What interest do you have in this matter? If you do have a legal interest and are concerned about this issue, you should consult such a lawyer.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

A special needs trust can be set up by another person or a disabled person. It is there just to provide for things for which Medicaid or other government benefits do not provide and to make life comfortable for the beneficiary. Trust property has to be used for the benefit of the beneficiary and whether a designated use is or is not proper will depend on what the money or asset is to be used for.

The trustee of such a trust just can't take property because she feels like it as noted by Attorney Jacobson. Getting a lawyer might be proper for her and using trust funds to pay for such advice may or may not be proper but something does not sound right here.

The beneficiary or his legal guardian need to have the trust reviewed by their own independent legal counsel and find out what is going on.