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Creating a special needs trust in California involves several key steps. First, you need to determine the specific needs of the individual who will benefit from the trust. Next, you can use a special needs trust form California to draft the trust document, ensuring it complies with state laws. Finally, consider consulting with a legal expert or using a reliable platform like US Legal Forms to streamline the process and ensure the trust is properly established.
Special Needs Trusts are typically irrevocable, which means that they cannot be revoked and can only be amended in very limited circumstances, if at all. These trusts are usually in place for the lifetime of the Beneficiary, and over such a long time, various circumstances invariably change.
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).
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.
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.
How to create a living trust in California Take stock of your assets. ... Choose a trustee. ... Choose your beneficiaries. ... Draw up your Declaration of Trust. ... Consider signing your trust document in front of a notary public. ... Transfer your property to the trust.