While a trust avoids the formal probate creditor process, trustees still need to address legitimate debts. An attorney can advise on how to properly handle creditor notices and claims, protecting trust assets from invalid or excessive demands.
Category Archives: Trustee
Many individuals with special needs rely on government benefits like Supplemental Security Income (SSI) and Medi-Cal. These programs have strict income and asset limits. If your loved one receives an inheritance, it could immediately push them over these limits. The result? They lose their essential benefits. The money you intended to help them now forces them to “spend down” their inheritance just to requalify. It’s a heartbreaking and entirely avoidable situation. This is precisely the problem a Special Needs Trust solves.
Th court holds trustees to a high standard of care. What’s more, a trustee maintains a legally obligation to act in the best interests of the beneficiaries. However, even well-intentioned trustees can inadvertently make mistakes that could lead to claims of negligence or breach of fiduciary duty.



