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When you create and fund the trust, you draw up a trust agreement. In this agreement you name a trustee to administer the trust. The beneficiary cannot directly handle assets that have been conveyed into the trust. However, the trustee can use of the trust's assets to address the supplemental needs of the beneficiary.
A special needs trust is a type of trust that is specifically created to provide for your loved one with a disability. Also known as a supplemental needs trust, it is designed to protect and manage your trust beneficiaries with disabilities while maintaining their eligibility for government benefits.
Creating a living trust in Indiana is simple. There is no specific form required and your trust document must simply be clear in its terms. You sign the document in front of a notary and then fund the trust by placing ownership of assets in its name. A living trust provides many benefits that can be very appealing.
Section 30-4-10-43 - Beneficiary with a disability (a) This section applies to any trust that has a beneficiary with a disability, without limitation, whenever a special-needs fiduciary for the trust determines that the beneficiary with a disability may qualify for governmental benefits based on a disability, whether ...
To create a first-party SNT, the government must officially recognize your disability status, and you need to be under the age of 65. The trust will only hold your assets and not serve as a receptacle for funds from other family members.