Tuckahoe, NY asked in Estate Planning for New York

Q: What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI an

What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI and not SSDI and the beneficiary doesn’t need the protection of the trust?

Can the supplemental needs trust be dissolved?

I've had a mental disorder since the early 1980's. I started receiving SSI in the early 1980's which changed to SSDI and Survivor's benefits and Medicare around 2015. My Mother was my representative payee when I was receiving SSI, when I started receiving SSDI and Survivor's benefits I became my own payee. I manage my own bills and bank account. The Trustee doesn't want to help me and isn't on my side.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: Your question cannot be answered without reviewing the supplemental needs trust. Some include provisions for early termination if no longer needed, such as the beneficiary is no longer receiving needs-based benefits, or if the amount held in trust has become too small to be managed efficiently, or for other reasons. There are also sometimes provisions that allow the beneficiary to remove and replace a trustee.

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