Q: I am the beneficiary of a special needs trust but my trustee isn't doing his job what can I do?
A:
As a beneficiary, you are entitled to a copy of the trust. You need to take the trust to a probate/trust litigation lawyer and pay him/her to review it. You do not indicate how the trustee is not doing his job. Nor do you indicate whether this is a first-party or third-party special needs trust. Most special needs trusts are written in such a way so that the beneficiary has no right to compel the trustee to make a distribution. Rather, the trust is to provide for the beneficiary's care and comfort over and above what are provided by government benefits. So just because the trustee has not made a distribution does not mean that the trustee is not acting properly. However, the trust may have some language in there to help give the trustee some guidance as to whether an expenditure for the beneficiary is proper or not.
If the trustee is indeed acting improperly, then the lawyer can bring a legal action to remove the trustee. So you will need to consult with a lawyer in the state where the trust was created or there may be language in the trust which says that it is to be governed by a particular state's law. If so, that is where you will need an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
