Special Needs Trust

[alexanderkos]

We have a special needs trust for my brother who has autism. We are trying to fund it in court with a monetary gift from our parents which I have been holding until the trust was completed. We went to court and were told the trust was not right and the right parties were not notified. What parties have to be notified and how could the trust not be right, it was done by a trust attorney.
Thanks

 

[army judge]

Where is the trust held?
Who controls how the funds are spent?
Was the trust created in a court sitting in probate?
Why do you want to fund a special needs trust?
Special Needs Trusts escape the tax man, but you still have to account to them!!

You have to notify the taxing authorities, Medicare, Social Security, the county recorder, and the agency in your state that protects the aged and infirm.

Not all trust attorneys are capable of creating S N T.

We hired a firm of attorneys in Dallas to do ours.

It then took a two day trial for the court to accept it.

There are other trusts that will do the same thing.

We have one for our son?

His is held by a bank.
My wife is the trustee.
The trust can only be used for his medical needs.
It is the result of a malpractice suit against a hospital and an anesthesiologist.

He's been in a coma (noxious brain injury) since 2001.
The physicians said he should be dead by now.
Evidently, God doesn't feel that way.
He's lived without the benefit of a respirator or heart device.
He's fed through a tube into his stomach.