Need Help...Will requires a SNT for the Son but He is working and not on SSI or SSDI

[JLMJ]

I need some help...as the PR, the will directs me to put the funds into an SNT trust, but I looked up the requirements, and the son does not meet the definition of "disabled" so what do I do?

 

[quincy]

I need some help...as the PR, the will directs me to put the funds into an SNT trust, but I looked up the requirements, and the son does not meet the definition of "disabled" so what do I do?

What is the name of your state?

 

[JLMJ]

Colorado

 

[zddoodah]

as the PR

Have you been appointed by the probate court to serve as personal representative? Or does the will merely nominate you to serve in this role?

the will directs me to put the funds into an SNT trust

Is "an SNT trust" anything like an ATM machine or a PIN number?

In any event, whose will is this? What was your relationship to the deceased? Please confirm that the deceased was one of the parents of the beneficiary of the special needs trust (and also explain the status of the beneficiary's other parent).

I looked up the requirements, and the son does not meet the definition of "disabled"

What requirements? Whose definition? Where did you look up these things?

I need some help...what do I do?

If you're going to administer an estate created by a will that also creates or purports to create a special needs trust, you'd be an absolute fool to do it without advice from a local probate attorney.

 

[quincy]

An SNT trust is a special needs trust.

CRS 15-14-412.8:
https://casetext.com/statute/colorado-revised-statutes/title-15-probate-trusts-and-fiduciaries/colorado-probate-code/article-14-persons-under-disability-protection/part-4-protection-of-property-of-protected-person/section-15-14-4128-disability-trusts-limitations

JLMJ, why do you think there was a belief, when the will was drafted, that the son was eligible for a disability trust?

 

[Taxing Matters]

If the son doesn't meet the what the trust was set up to do, the trust probably can be reformed by the court to instead change it to a regular trust with conditions that best match the intent of decedent. If the son is hoping to free up all the money now he's likely to be disappointed, but that will depend on exactly how the will (and trust document if it is separate from the will) is written. In order to best cover yourself as the PR I suggest you consult a Colorado attorney whose practice is mainly wills, estates, trusts, and probate. The attorney then can tell you what options there are that will meet your fiduciary duties given how the will/trust is written, what the estate assets are, and what, if any, other beneficiaries there are.