Funding a sub trust

[tsalagi7]

What is the name of your state (only U.S. law)? CA

A trustor creates a trust that directs for a special needs trust for one of the beneficiaries. For years, the trustee has not opened an account to fund the special needs trust. So there is no special needs trust. But there is plenty of money in the main trust.

At what point must a trustee set aside money in an account for the special needs beneficiary? At the end of the administration of the main trust? If so, what determines the ending of the administration of the trust? The special needs beneficiary has been left out in the cold.What is the name of your state (only U.S. law)?

 

[tranquility]

The sub trust must be funded in the time frame directed by the main trust. While an attorney would have to unwind things to see who has standing to sue, I'd have the special needs trustee inquire about funding and see an attorney if a suitable reason is not given. The beneficiary could claim the sub trust's trustee is in breach if it is not funded in a timely manner. The sub trust's trustee could claim the main trust's trustee is in breach if the sub is not funded in a timely manner.

Of course, all the real answers to the question can be found in the wording of the trust itself.

 

[tsalagi7]

The trustee over the main trust IS the trustee over the special needs trust that was never funded. Worse yet, the trust says the main trust is good until 21 years or after the last living beneficiary dies.

The trust papers do not say anything about when money can be given to the special needs beneficiary other than it is up to the sole discretion of the trustee. It does not direct when the special needs trust should be funded. The trustee is also a beneficiary to the main trust AND the special needs trust when the special needs beneficiary dies.

The court appointed a PVP attorney for the special needs beneficiary who has recommended to the judge that the trustee must be removed. For whatever strange reason, that has not happened to date. The special needs beneficiary continues to suffer without medical care, food, shelter, and basics. The trust is a very sizable trust we know, and the trustee enjoys a luxurious lifestyle as a result of being the trustee and enjoying their inheritance (and someone else's?)

The judge knows the special needs beneficiary is out in the cold.
The PVP attorney made that clear.

The judge recently discovered the special needs trust does not exist except in theory. Still, nothing has changed. What can be done?

 

[tranquility]

Win the case.

 

[tsalagi7]

The lawyers are drawing it out collecting $ 1 milion in fees to date. There is no more money..all personal assets of the litagant have been drained by the trustee fighting to stay in.The judge is lax and tolerating abuse of beneficiary. This is Dependent Adult Abuse. The trustee perpetually lies in court. The judge does sees it but does nothing. So far, the judge did not remove trustee despite recommendations from the PVP attorney. What can be done to get a judge to take notice and have the trustee removed? When can an attorney file an ex parte to obtain emergency funds? The judge did not even put the Pet for Removal on calendar and the other attorney is fed up being ignored. This is a potentially life and dearth situation. The disabled's life is in the hands of the judge. Help!

 

[tranquility]

You have representation pleading your case in front of a neutral arbiter. What would you like us to do? There is no magic wand. You must convince the judge the beneficiary is being harmed by the trustee.

 

[tsalagi7]

Thank you, Tranquility. That actually does help. We can now focus on trying to get the judge to understand how the beneficiary is being damaged by the trustees, then on that basis try to approach the judge from that angle to remove trustee.

It is sometimes difficult how to direct and attorney. They seem to keep racking up bills but getting very little done. This is very frustrating for us little people who are trying to understand how the system works and how does a person get justice. We are poor people and $1 million in attorney fees is an outrage. Disabled people's needs are more important that attorney bills. A life is at stake here.