Legal Question in Wills and Trusts in Oklahoma
I am the executor of a trust for my deceased mother's four grandchildren, two of whom are mine, while the other two are special needs and in the care of the grandmother-in-law. In order to set up the trusts, I need the SSI number for one of the grandchildren in care of the grandmother-in-law. The GM-I-L is unwilling to give the SSI number to me because she feels that the grandchild will lose government benefits when the trust goes into effect. I am concerned that if I don't set up the trust, I will incur penalties from the IRS. What actions can/should I take?
1 Answer from Attorneys
One possible solution is to have the guardian of the property of the grandchild execute a Disclaimer to the trust benefit. Then it will be as if the grandchild did not survive the Settlor and the benefit can be distributed to another beneficiary per the terms of the trust.
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