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Commonly, family members will create a SNT and leave money and property to that trust through their estate plan (their will, trust, life insurance, or other beneficiary designation). The trustee of that trust then uses trust funds to support the person with special needs.
The manager of a trust is called a ?trustee.? The trustee can be any person over eighteen years of age, a family or friend, bank, pooled trust or a professional fiduciary.
In these circumstances, the Form 1041 is very simple to complete. The trustee will check the box on Form 1041 indicating that the trust is a grantor trust and provide some general information about the trust (name, address, tax identification number, and the date the trust was established).
Special needs trusts are typically created in conjunction with a special needs attorney, which can cost anywhere from $2,000?$5,000 (you may consider asking the attorney you choose if they will consider setting up a payment plan).
Third party special needs trusts are generally either considered ?complex trusts? or ?qualified disability trusts? for income tax purposes and the trust itself is responsible for reporting its own items of income, deduction, and credit.