Special Needs Trusts (SNTs) are commonly used in planning for disabled beneficiaries. There are numerous resources addressing the drafting of SNTs, but there is a dearth of information to guide trustees in administering them. This article will focus on the special obligations and duties required of a trustee of an SNT.
Duty to Assess Needs
In a recent decision, Surrogate Judge Kristin Booth Glen chastised two professional trustees, a trust company and a special needs planning attorney, for breaching their fiduciary duty to a disabled beneficiary; she warned of remedies including surcharges on commissions.1
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