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Typically a loved one will create the trust and serve as trustee, with the disabled individual being the beneficiary. A bank account will then be opened in the name of the trust. ?The disabled individual's assets, or gifts from loved ones, will be transferred to the trust bank account.
There are two types of special needs trusts, first-party and third-party. First-party means the disabled individual uses their own assets to fund the trust. Third-party means someone else establishes the trust with the disabled person as the beneficiary.
Third Party Special Needs Trust It is established by someone other than the person with the disability and is funded by assets of the settlor of the trust. Upon the death of the disabled beneficiary, the remainder of the trust reverts back to the settlor, and the funds do not pay back the state.
party supplemental needs trust is funded with the assets of the person with special needs, such as an inheritance, settlement, or a personal injury award. This type of trust must be established before the beneficiary turns 65 years old and is subject to certain restrictions.
Cons of Special Needs Trusts The trust must be maintained, and yearly management costs can be high. Depending on who manages the fund, there may be a minimum amount required to set up the trust. It may be financially difficult for the settlor to actually establish the trust, depending upon their circumstances.