Special Needs trust beneficary right to know

[svenganja]

California is where I reside.
I am on Social Security SDI and was given a Special Needs Trust by my uncle.
The trust began working for me in March or April 2013.
From the day the executor and I met with the appointed conservator by the executor I asked for an accurate account of what the value of the special needs trust was.
I've made the request periodically over the course of three years plus....
I have yet to be given an answer either by the conservatory or the executor who is my nephew and as the final word on all decisions involving the trust and my receiving of it.
Do I have a right to know because the amount of money may seem small to some I only know it hovers slightly above $200,000

My nephew once said I'm not taking anything.
And I would hope that this is the case but the inability to get any type of financial information regarding my own Trust has been kept a secret from me.

I really need to know what my rights are and how I can find this out. Transparency seems to be fair play someone who is secretive might have not been so honest.

 

[tranquility]

California is where I reside.
I am on Social Security SDI and was given a Special Needs Trust by my uncle.
The trust began working for me in March or April 2013.
From the day the executor and I met with the appointed conservator by the executor I asked for an accurate account of what the value of the special needs trust was.
I've made the request periodically over the course of three years plus....
I have yet to be given an answer either by the conservatory or the executor who is my nephew and as the final word on all decisions involving the trust and my receiving of it.
Do I have a right to know because the amount of money may seem small to some I only know it hovers slightly above $200,000

My nephew once said I'm not taking anything.
And I would hope that this is the case but the inability to get any type of financial information regarding my own Trust has been kept a secret from me.

I really need to know what my rights are and how I can find this out. Transparency seems to be fair play someone who is secretive might have not been so honest.

The beneficiary of a special needs trust generally has some right to an accounting. Such an accounting to a beneficiary may be adjusted according to the beneficiary's abilities. If the trust is not under court supervision, a reporting where the beneficiary can determine the nature and amount of any payment or income. For small ones, I've seen a copy of a checkbook as an accounting. $200K, while not anywhere near the largest I've seen, is large enough to have a more formal accounting.

But, the trust itself may have a provision that removes the right from a beneficiary and some special needs trusts may have that provision for a number of reasons. You had the right to a copy of the trust at one point. Did the wording say the trustee did not have to do an accounting? (It would not say that exactly. But, there are many ways to say the same thing.)

If so, the only way to demand an accounting is to be able to prove it is reasonably likely a material breach has occurred to a court. The court can then demand an accounting.

I suspect your real problem is not the accounting, but the distribution to you. There, the rules are fairly complex in order to maximize government support. I suspect your first step is to read the trust and see what it says about required accountings.

 

[I'mTheFather]

I'm just dumping this here in case it contains additional information before I report the other thread as a duplicate.

I lived in California.

I am the beneficiary of a Special Needs Trust I have been on Social Security SSDI approximately 15 years.
The Special Needs Trust began working for me in either March or April of 2013.
Since the moment we met with the executive appointment of the conservator at that time I asked to receive an accurate account of the money that was in my trust.

Over the course and slightly Beyond three years I have yet to get an answer either from the conservatory or the executor of my trust whom is my nephew.
I have sent requests by email asked personally and this knowledge has been not forthcoming.
I need to know my rights because at a financial disadvantage I find myself wondering what the big secret is.
My nephew did state at that first meeting slightly over 200,000 but my request was clear unfortunately it has been ignored and I'm beginning to wonder if the money is all there
. I also have requested while there was still time to get an individual retirement account that request was denied.
so I had a very Sound Idea of using a silver approved IRA as cash depletes with time and inflation.
I have received benefits that are legally allowed under the trust but my concern is how these funds are being invested or left dormant or being siphoned off.
Just using the ballpark figure of 200k and no more than $1200 per month was allowed to be spent from the trust these were the executors rule. In passing he once stated well it'll probably only last about 10 years at that monthly spending cap 10 years only comes to $120,000 give or take here or there. There was a very wide berth 4 something not appropriate to occur.

I need some real help I don't have the patience to fight these people without some legal standing and while I've tried to find out it is very difficult.

Can someone please point me in the right direction on how I can obtain that information and whatever else can be given as advice

 

[svenganja]

Thank you tranquility

The beneficiary of a special needs trust generally has some right to an accounting. Such an accounting to a beneficiary may be adjusted according to the beneficiary's abilities. If the trust is not under court supervision, a reporting where the beneficiary can determine the nature and amount of any payment or income. For small ones, I've seen a copy of a checkbook as an accounting. $200K, while not anywhere near the largest I've seen, is large enough to have a more formal accounting.

But, the trust itself may have a provision that removes the right from a beneficiary and some special needs trusts may have that provision for a number of reasons. You had the right to a copy of the trust at one point. Did the wording say the trustee did not have to do an accounting? (It would not say that exactly. But, there are many ways to say the same thing.)

If so, the only way to demand an accounting is to be able to prove it is reasonably likely a material breach has occurred to a court. The court can then demand an accounting.

I suspect your real problem is not the accounting, but the distribution to you. There, the rules are fairly complex in order to maximize government support. I suspect your first step is to read the trust and see what it says about required accountings.

There is none of these special Provisions that you mention. I just want to know if I have a right to know what my trust is worth. I am receiving benefits from the trust that have been agreed upon and these I am happy with. what I am not happy with is there is no transparency and it I just would like a straight answer.
There are no special provisions just that it helps me
There is no reason. It's pretty cut-and-dry anything but food clothing or shelter.
Is there a way without dragging them into court? like can I get the trust tax records, it has my name on it and I have all the ID to prove who I am. Just if you can actually give me an idea a place to start I'm pretty resourceful and do not
But if I start going into court right now that is going to cause discourse in my family which could be even more detrimental to my walk on eggshells situation. Thanks

Just FYI I was able to get a new car, . They also take care of cellphone, my electric bill, the car insurance, particular medicine, Veterinary bill and a doctor's office visit a few times a year.
The simplest answer will be the easiest for me to understand.

 

[tranquility]

If there is nothing limiting your rights in the trust, you should get an accounting every year. Send a certified letter demanding one.

Your other post is problematical. Each sentence requires an answer. Each part requires different techniques to deal with. One hard problem is I suspect you don't have the opportunity to deal with a trusted person who can review all issues and explain them to you. I would recommend an attorney and understand paying for one might be difficult for any of a number of reasons.

I have no legal theory response other than the letter.

Practically? Do you have a friend who is fully able to support you?

 

[svenganja]

There's no reason why anything should be hidden from me thank you so much

I was just trying to find out what my legal rights were ...I'm not letting them know what a pitbull I am believe me I have no problem handling this I only let them know what they need to everything else I keep under my hat but believe me I'm ready and I'm tough don't worry I'm very articulate thank you so much


Spencer


a person who really needs to thank you

 

[tranquility]

I was just trying to find out what my legal rights were ...I'm not letting them know what a pitbull I am believe me I have no problem handling this I only let them know what they need to everything else I keep under my hat but believe me I'm ready and I'm tough don't worry I'm very articulate thank you so much

You being a "pitbull" is irrelevant to what you can get and how you can be satisfied. You have huge problems in handling this. Ready and tough is of little importance; knowledge and experience is. Your questions and difficulties are technical. Being tough and articulate might hurt you more then silent and smart. If you are serious for handling things on your own, I'd prepare to spend hundreds of hours in study. Google for the public law libraries in your area. Go there. Start with the books with the probate code that links cases to the issues. (aka annotated code) Ask the librarian to point them out. Then, either use the books (usually Shephard's) to look up the cases you think fit, or go to a place where you can look them up on the internet.

Read them. Read them all. Don't look for what you want. Try to understand them.

When you've done that and feel you have a keen legal argument, go to the books for paralegals. Some of them may have a summary on how to file suit. Otherwise, you need to read all of Civil Procedure and Court rules and Local court rules and Local Local court rules in order to successfully submit your claim.

Good luck. Let us know in this thread if you have a problem.

 

[Dandy Don]

Yes, you do have the right to know what the trust is worth. You can ask for a copy of the trust tax returns for each year the trust has existed, and your request can be made in the same certified letter where you are also asking for a copy of the trust. If the items are not provided to you within a reasonable amount of time (say for example, one month) then retain the services of a trust attorney to determine what the next step should be to get this information.