If I established a “Special Needs Trust” for my disabled son but now wish to change the trustee who will administer the Trust, what is the process?

My son is currently on Social Security disability. The trust goes into effect upon my death. I am the payee for my son’s disability payments. I would like the new trustee to handle this job when the time comes. Can this happen automatically? I cannot find any Social Security forms for this process.

Asked on August 25, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally speaking, the terms of the trust should state how you are to accomplish this.  It may allow you to name a successor trustee in your Will or by some other means.  If not, it may have to be modified or amended to add a successor trustee. Please seek help from an attorney.  Good luck.


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