November 2022
Whoever you select to oversee your trust will owe a fiduciary duty to the beneficiaries of your trust. Hopefully, your trustee will not encounter any legal issues while administering your trust. Still, sometimes a trustee cannot avoid a date in court. Smart Asset explains that someone cannot directly litigate a trust, but a trustee may become the target of a lawsuit . It is possible a person could sue a trust or contest it in court. Here is a look at how these two concepts differ. Why people sue a trust A person suing a trust is usually seeking compensation from the assets contained in the trust. To take an example, if your trustee gets into an auto accident while driving a car titled to the trust, the injury victims may sue to collect money from the trust itself as a way to get damages from the trustee. Creditors could also sue your trustee to collect trust money to pay off debts owed by your trustee. Why people contest a trust Contesting a trust involves litigating the terms of the trust. This can happen if someone thinks the trust lacks validity, perhaps because a malicious party forged the trust documents or doctored a legitimate trust document. Sometimes family members suspect the trust creator was the victim of undue influence or elder abuse. They could believe a relative created a trust according to the whims of an abusive party. Relatives of the abused party may try to get a court to remove the trustee. A good trustee may inspire confidence The possibility that your trustee may have to deal with litigation is a good reason to select a competent trustee. Someone who acts in a professional and ethical manner may assure your beneficiaries that your trust is in good hands.
If you have a friend who has a relative with a disability or other special needs, your friend may have asked you to be a trustee of a special needs trust. Before you agree to do so, though, you should know exactly what the role involves. A special needs trust is a unique estate planning tool that allows individuals to set aside funds for the benefit of someone else without jeopardizing that person’s eligibility for needs-based government benefits. As a trustee of a special needs trust, you would oversee and manage the trust. We strongly urge that all trustees of special needs trusts engage an attorney to advise them on this highly complex rol Keeping the beneficiary eligible for government help Arguably, the most important duty any trustee of a special needs performs is ensuring the beneficiary continues to qualify for government assistance. According to USA.gov, there are many public benefits programs for which a beneficiary may be eligible. This means you must closely scrutinize all disbursement requests to determine whether they are permissible under the rule of the program that gives benefits to the beneficiary. Complying with investment, reporting, and recordkeeping obligations Much of being a trustee of a special needs trust involves investing trust assets and ordinary reporting and recordkeeping. As part of these duties, you may have to invest funds as a prudent investor would, maintain trust records, prepare reports, and file taxes. It is important to note, though, that you do not have to necessarily accomplish all these tasks on your own. Indeed, you can outsource the investing to investment advisors and some of the reporting and recordkeeping duties to accountants or other professionals. Filling gaps in the beneficiary’s care As a trustee of a special needs trust, you will have intimate knowledge of the beneficiary’s situation. This can lead to some of the more rewarding aspects of being a trustee. Ultimately, if the beneficiary needs something to thrive, you may have to find social service providers, doctors, therapists, or others to fill the gaps.
If a parent needs to develop an Individualized Education Plan (IEP), it can take a lot of time and effort. Since Washington does not have a set standard for IEPs, it may vary hugely between schools and students alike. How can a parent use the Family and Medical Leave Act (FMLA) to ensure that they get the time they need to create a good IEP? Understanding IEPs Washington Office of Superintendent of Public Instruction discusses details about IEP . These plans should exist to allow any student to achieve financial success regardless of any mental or physical disabilities that they may also deal with. How does the FMLA help parents who need to work on an IEP? Since parents need to attend every IEP meeting to create the best plan, they will likely need to take time away from work. Most of the IEP meetings happen during workdays, after all. 2019 ruling on FMLA and IEPs In 2019, the U.S. Department of Labor ruled that parents could use FMLA paid leave in order to attend these IEP meetings. They decided this for several reasons, including the IEP being a required document for students enrolling in any special education services. It also includes the fact that people who qualify for an IEP usually have serious and life-altering conditions, and that these meetings will focus on arrangements for care. Any employer with over 50 employees thusly cannot deny a parent paid time off to attend IEP meetings. They must allow for up to 12 weeks of paid time off in a 12-month period, and they cannot fire a person for taking this time to attend IEP meetings.
Whoever you select to oversee your trust will owe a fiduciary duty to the beneficiaries of your trust. Hopefully, your trustee will not encounter any legal issues while administering your trust. Still, sometimes a trustee cannot avoid a date in court. Smart Asset explains that someone cannot directly litigate a trust, but a trustee may become the target of a lawsuit . It is possible a person could sue a trust or contest it in court. Here is a look at how these two concepts differ. Why people sue a trust A person suing a trust is usually seeking compensation from the assets contained in the trust. To take an example, if your trustee gets into an auto accident while driving a car titled to the trust, the injury victims may sue to collect money from the trust itself as a way to get damages from the trustee. Creditors could also sue your trustee to collect trust money to pay off debts owed by your trustee. Why people contest a trust Contesting a trust involves litigating the terms of the trust. This can happen if someone thinks the trust lacks validity, perhaps because a malicious party forged the trust documents or doctored a legitimate trust document. Sometimes family members suspect the trust creator was the victim of undue influence or elder abuse. They could believe a relative created a trust according to the whims of an abusive party. Relatives of the abused party may try to get a court to remove the trustee. A good trustee may inspire confidence The possibility that your trustee may have to deal with litigation is a good reason to select a competent trustee. Someone who acts in a professional and ethical manner may assure your beneficiaries that your trust is in good hands.
If you have a friend who has a relative with a disability or other special needs, your friend may have asked you to be a trustee of a special needs trust. Before you agree to do so, though, you should know exactly what the role involves. A special needs trust is a unique estate planning tool that allows individuals to set aside funds for the benefit of someone else without jeopardizing that person’s eligibility for needs-based government benefits. As a trustee of a special needs trust, you would oversee and manage the trust. We strongly urge that all trustees of special needs trusts engage an attorney to advise them on this highly complex rol Keeping the beneficiary eligible for government help Arguably, the most important duty any trustee of a special needs performs is ensuring the beneficiary continues to qualify for government assistance. According to USA.gov, there are many public benefits programs for which a beneficiary may be eligible. This means you must closely scrutinize all disbursement requests to determine whether they are permissible under the rule of the program that gives benefits to the beneficiary. Complying with investment, reporting, and recordkeeping obligations Much of being a trustee of a special needs trust involves investing trust assets and ordinary reporting and recordkeeping. As part of these duties, you may have to invest funds as a prudent investor would, maintain trust records, prepare reports, and file taxes. It is important to note, though, that you do not have to necessarily accomplish all these tasks on your own. Indeed, you can outsource the investing to investment advisors and some of the reporting and recordkeeping duties to accountants or other professionals. Filling gaps in the beneficiary’s care As a trustee of a special needs trust, you will have intimate knowledge of the beneficiary’s situation. This can lead to some of the more rewarding aspects of being a trustee. Ultimately, if the beneficiary needs something to thrive, you may have to find social service providers, doctors, therapists, or others to fill the gaps.
If a parent needs to develop an Individualized Education Plan (IEP), it can take a lot of time and effort. Since Washington does not have a set standard for IEPs, it may vary hugely between schools and students alike. How can a parent use the Family and Medical Leave Act (FMLA) to ensure that they get the time they need to create a good IEP? Understanding IEPs Washington Office of Superintendent of Public Instruction discusses details about IEP . These plans should exist to allow any student to achieve financial success regardless of any mental or physical disabilities that they may also deal with. How does the FMLA help parents who need to work on an IEP? Since parents need to attend every IEP meeting to create the best plan, they will likely need to take time away from work. Most of the IEP meetings happen during workdays, after all. 2019 ruling on FMLA and IEPs In 2019, the U.S. Department of Labor ruled that parents could use FMLA paid leave in order to attend these IEP meetings. They decided this for several reasons, including the IEP being a required document for students enrolling in any special education services. It also includes the fact that people who qualify for an IEP usually have serious and life-altering conditions, and that these meetings will focus on arrangements for care. Any employer with over 50 employees thusly cannot deny a parent paid time off to attend IEP meetings. They must allow for up to 12 weeks of paid time off in a 12-month period, and they cannot fire a person for taking this time to attend IEP meetings.
Recent Posts
Learn why hospitals cannot discharge medically-ready patients in Washington. Discover the legal guardianship barriers and how early intervention can help.
Discover your legal rights when a slow or hostile executor delays your inheritance. Learn how to request information and petition the court for executor removal.
Learn what to do when a patient's appointed guardian or conservator is unresponsive or failing to act. Discover court intervention strategies and escalation options.
Essential guide for hospital case managers on when and how to refer patients for guardianship. Understand decision-making capacity and discharge barriers in Washington.
Discover how professional guardianship and conservatorship can resolve care barriers for estranged patients. Learn how BHD Law connects facilities with qualified CPGCs.
RSS FEED
