Q: Can the Trustee of a Trust appoint me as a Special Trustee to manage my disabled sister's Special Needs Trust?
my mother died in Oct 2020. She named her brother Trustee of the Family Trust. My uncle made disbursements to the beneficiaries on Feb.17,2023. He gave the checks to my brother to deliver to the beneficiaries. My uncle wrote a check with my disabled sister's name on it and asked my brother to give it to me so i could deposit the check into my sister's bank account because he knows I am the representative payee for my sister. I did not accept the check because I know that check had to be written to the Special Needs Trust and not personally to my sister. My sister now lives in a skilled nursing facility paid for by medi-cal and receives $59 a month from SSI. My sister lived with my mother in the family home until my mother died and the house was sold about 7 months later. Over the past year I have sent several messages to my uncle asking him to appoint me as a Special Trustee to manage the SNT for my sister. He agreed but has not created any documents for me. He only sent me a check.
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- California
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A:
In California, a trustee of a trust has the power to appoint a special trustee to manage a portion of the trust property, including a Special Needs Trust, if the trust instrument grants the trustee that authority.
If the trustee of your sister's Special Needs Trust believes that it would be in your sister's best interests to appoint you as a special trustee to manage the trust, they may be able to do so as long as the trust instrument allows for this. The trustee may want to consult with an attorney experienced in trust administration to ensure that the appointment is made properly and that all legal requirements are met.
It is important to note that being appointed as a special trustee carries certain legal duties and responsibilities, including fiduciary duties to act in the best interests of the trust and its beneficiaries. If you are appointed as a special trustee, you would need to make sure that you understand your obligations and take your responsibilities seriously. It may be advisable to consult with an attorney who is experienced in trust administration to ensure that you fulfill your duties appropriately.
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