Ask 2 Lawyers: What if a trustee is spending a beneficiary's special needs trust fund?

Ask 2 Lawyers (A2L) - Series 3, Episode 5:
Attorneys Stewart Albertson and Keith A. Davidson talk about the actions special needs beneficiaries can take if a trustee is abusing their special needs trust.

[@denise8216]

What about mental abuse to beneficiary?

[@AngelaJonesPoetryStoriesArt]

How does the beneficiary find out what their rights are and are not?

[@AlDavLaw]

It all starts with the documents. You have to obtain a copy of the trust that names you as a beneficiary and find out what the terms provide.

[@AngelaJonesPoetryStoriesArt]

@@AlDavLaw If the trustee isn't willing to provide a copy of the trust to the beneficiary is there anywhere/anyway the beneficiary can obtain a copy of the trust?

[@AlDavLaw]

@@AngelaJonesPoetryStoriesArt Not usually. Trust's are private documents so they are not recorded anywhere. You would need to file a petition with the Probate Court asking for an order to give you a copy of the trust. If you are a beneficiary, the trustee is supposed to give you a copy of the trust, but sometimes that does not happen.

[@AngelaJonesPoetryStoriesArt]

@@AlDavLaw thank you for the information

[@denise8216]

Thank You my Question 8/2022

[@kimkoons4535]

what if a person loses their ssdi can they use funds in a special needs trust

[@AlDavLaw]

That depends on the trust terms. Typical, a special needs trust will provide for support when governmental support is lost or unavailable. But not every trust has that provision. You should review the trust terms with a competent trust lawyer to determine what rights you have when losing SSDI.