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A spendthrift trust is a trust designed so that the beneficiary is unable to sell or give away her equitable interest in the trust property. The trustee is in control of the managing the property. Thus, the beneficiary of the trust is not in control of the property and her creditors cannot reach those assets.
You'll need to do a few things when setting up your special needs trust. First, you'll need to talk with an experienced estate planning attorney who fully understands how special needs trusts work. They can help you carefully draw up your trust documents ing to NC law. Next, you'll choose a trustee.
Special Needs Trust Typically, a guardian of the estate is first appointed for the minor or incompetent and then the guardian can apply for the approval of the creation of the Special Needs Trust. ... The Special Needs Trust will be administered and supervised as any other trust created through the Probate Court.
Special Needs Trusts may also be used for inheritance, gifts, or other resources. Reimbursement must include all Medical Assistance provided and not just the Medical Assistance provided during the term of the trust.
While public benefits, such as SSI, Medicaid, and HUD housing benefits, offer basic support for food, shelter, and medical care, a Special Needs Trust can be used to pay for other things. For example, money from the trust could be used to pay for your recreation expenses, telephone bill, education, and vacations.