What is a Will?
A will is a document by which a person or the Testator, orders how his/her property will be distributed after death.

What is a Trust?
A trust is an arrangement whereby money or property is owned and managed by an individual or entity called a Trustee, subject to a fiduciary duty to use the property for the benefit of another, i.e., the beneficiary.

What is a fiduciary duty?
Fiduciary duty is the obligation of the trustee in dealing with the trust property and income. The trustee owes duties of good faith and loyalty to exercise reasonable care and skill, to preserve the trust property and make it productive and to account for it.

What or who is a beneficiary of a Trust?
The beneficiary owns the benefits of the trust while the trustee holds the title and duties.

Who is a grantor, settlor, or Trustor?
They are the individuals who provide the trust principal or corpus

What is the difference between a Special Needs Trust and a Spenthrift or Discretionary Trust?

  • A Special Needs Trust only allows distributions that do not in any way reduce needs based benefits.
  • A Spendthrift or Discretionary Trust allows greater flexibility but requires greater skill in administration. The language may be too broad for Social Security to provide benefits.

Does my child have to be receiving services from one of the California Regional Centers to create a Special Needs Trust for him or her?
Yes.

Can Inland Counties Regional Center be Trustee of My Special Needs Trust?
Yes.




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