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A special needs trust, also known as a supplemental needs trust, is a type of irrevocable trust that can provide benefits to minors and physically or mentally challenged individuals.
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.
Executor's or trustee's fees are taxable compensation to you. Several states do not permit you to pay your own compensation without a court order, so ask your attorney before you write yourself a check.
A trust provision that directs the payment of past-due, current or future Title II and/or Title XVI benefits directly into a trust and not to the individual or their representative payee is prohibited because it violates the assignment of benefits provision of section 207 of the Social Security Act.
It cannot be paid to a trust. If you are receiving Social Security by direct deposit, you should leave the account that receives the payments outside of your trust.