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Special Needs Trust Access

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Round_&_Round

Junior Member
What is the name of your state (only U.S. law)? New Jersey


is an adult beneficiarie entitled to a copy of their Special Needs Trust and can a copy of the trust be obtained with trustee excluded?
 
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justalayman

Senior Member
Not a problem. Just trying to figure out what you meant by the statement.

Generally you are legally entitled to a copy of a trust of which you are a beneficiary. If your special needs issue is based on your mental status you may require a legal representative (lawyer) to represent you. As to where you can obtain a copy of the trust; if you were referring to the attorney that wrote the trust as your source; generally not available from them as you were not the client of the attorney. The attorney, generally, cannot discuss the matters of their clients with others without specific permission from the client. You can request a coly
copy from the trustee. If they refuse to provide one you would have to seek a courts assistance in obtaining a copy where an attorney's assistance would be beneficial.
 

Round_&_Round

Junior Member
Not a problem. Just trying to figure out what you meant by the statement.

Generally you are legally entitled to a copy of a trust of which you are a beneficiary. If your special needs issue is based on your mental status you may require a legal representative (lawyer) to represent you. As to where you can obtain a copy of the trust; if you were referring to the attorney that wrote the trust as your source; generally not available from them as you were not the client of the attorney. The attorney, generally, cannot discuss the matters of their clients with others without specific permission from the client. You can request a coly
copy from the trustee. If they refuse to provide one you would have to seek a courts assistance in obtaining a copy where an attorney's assistance would be beneficial.

Thank you so much for the information. :)


I do however have a question.


Could you please give the definition of a "Coly Copy" I could not find it's definition online.
 

Zigner

Senior Member, Non-Attorney
Thank you so much for the information. :)


I do however have a question.


Could you please give the definition of a "Coly Copy" I could not find it's definition online.
It was just a typo - he was trying to say you can request a copy from the trustee...
 
In addition to the special needs trust, do you have a conservator that acts for you with any powers? You yourself may not have the power to demand your legal rights under the trust if you are considered incapacitated in certain powers although your conservator would.
 

Round_&_Round

Junior Member
In addition to the special needs trust, do you have a conservator that acts for you with any powers? You yourself may not have the power to demand your legal rights under the trust if you are considered incapacitated in certain powers although your conservator would.


I would very much like to find a conservator to help me but I don't know where to look or what organization or company can help me.


I've been advised by a friend to go to social security about it and I had called there several times with questions about the trust and kept getting different answers about what the outcome would be.

So now I'm lost as to who to see about this but I guess I can just keep searching the internet. :confused: :(
 
I would very much like to find a conservator to help me but I don't know where to look or what organization or company can help me.


I've been advised by a friend to go to social security about it and I had called there several times with questions about the trust and kept getting different answers about what the outcome would be.

So now I'm lost as to who to see about this but I guess I can just keep searching the internet. :confused: :(
Do. You. Have. A. Conservator?

If you do, "you" may not have rights under the trust. The conservator may be able to ask. If YOU are not under court order (Or, fall under considerations of the trust denying the information.), YOU should be able to get what you ask for.

Do you think you are being cheated? What is happening? (Not in detail. What do you fear?)
 

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