You create a special needs trust for a beneficiary such as a child or an adult, who has a special need and is, or will at some point, be receiving government or other benefits or programs and from which they might be disqualfied if they were to receive funds outright or in a traditional trust.

Because the trustee of a special needs trust usually has unlimited discretion as to when and how to disperse funds, the selection of the trustee is vitally important.  And, because any individual trustee may not be available for the entire life of a disabled or special needs beneficiary, there should be a clear series or replacement trustees, a process for someone to fire and replace trustees, and a process for educating the trustees about the special needs of the beneficiary.

For more information on special needs trusts, please contact the office at at 610-933-8069 to set up a consultation.

David M. Frees, III
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Attorney, Speaker and Author