We each have to make our own judgements, but in our case, in spite of having several highly competent siblings of wife or I, we just thought it was asking too much to have them navigateThe issue is is that my (and many of us parents of disabled children) 3SNT will likely not go "active" for decades, i.e. at our death or the death of a third party contributer. By then the drafting attorney could be dead or retired. I have found very few attorneys that are true Medicaid experts and know each program's rules inside and out. I actually only know one such athorney and may be using them to rewrite my 3SNT. I know several special needs advocates that keep on top of Medicaid law but they are getting up in age as well. Best I can do is know my child's specific Medicaid programs rules inside and out, keep up with all changes and communicate those with my family member successor trustee (my nondisabled child) and provide that family member with some expert resources in case of questions about distribution rules, taxes, record keeping, etc. Investing is the relatively easy part (low cost index funds). Bill paying and record keeping are the main ongoing duties, and tax preparation can be hired out once a year. The trustee could consult once a year with a fee only financial planner to make sure trust funds are on target to last the beneficiary's lifetime. All this is far less expensive than a corporate trustee and likely less onerous. I plan on having a family friend as a trust protector who is financially savvy and a very trustworthy person.
- making trust related distribution decisions.
- executing RMDs, within trusts
- staying on top of evolving laws and regulations like the SECURE act
- making sure EDB status and rmds are executed
- making sure distributions are made in compliance with govt aid programs
- having to make spending decisions for a spendthrift child who will likely make unreasonable requests
- manage multi million portfolio.
- making decisions as to what to distribute from trusts and what to leave in
And do all of the above for free.
Corporate trustees routinely do this stuff. But yes, they charge a fee, and each one may not have expertise in every desired area.
Statistics: Posted by JBTX — Sun Jun 30, 2024 12:08 am — Replies 40 — Views 2578