Legal Question in Wills and Trusts in Florida

What happens to the money in a special needs trust when the person passes away? Does it go to the guardian or the children?


Asked on 4/01/11, 2:53 pm

4 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

It will go to whomever the trust directs it to go to.

The terms of the trust hold your answer.

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Answered on 4/01/11, 3:13 pm

Read the Trust. It should say where it goes. If you can't figure it out, then you need an attorney.

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Answered on 4/01/11, 4:04 pm
Marc J. Soss Marc J. Soss, Esquire

My answer depends upon what type of special needs trust you are referring to? If it was created by the special needs individual or a guardian on their behalf, the remaining funds may have to be paid back to the state in repayment of the government benefits received by them during his or her lifetime. If it was created by a third party, the funds will typically go where directed under the Trust. Hope that helps.

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Answered on 4/01/11, 4:47 pm
Lucreita Becude Lucreita D. Becude, P.A.

I believe Mr. Soss is more on point. Most special needs trust are set up to cover those things which are not provided by medicaid/medicare. You need to read the trust and see where the funds are directed.

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Answered on 4/02/11, 6:29 am


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