[WSBAPT] Testamentary Special Needs Trust Question

Brent Williams-Ruth brent at williams-ruthlaw.com
Tue Nov 3 13:19:11 PST 2020


Greetings List -

I am working on an estate where the Decedent created a testamentary special
needs trust.  The Will also lists three individuals stating the order in
which there should be Trustee of any trust created by the Will.. Person A,
Person B, Person C.

Person A does not want to be Trustee. But Person A also DOES NOT WANT
Person B to have any say or control in the matter but really wants to hire
a third party fiduciary to do the job of SNT Trustee.

Is there any way for Person A to NOT be the Trustee, but keep it out of the
hands of Person B.  Mind you - there is no lawful reason they would not be
able to serve other than they may not do a good job and cause trouble down
the road. But otherwise, they are eligible to serve.

My initial thought is that Person A will need to serve as Trustee but they
can HIRE a third-party company to manage the trust but not take the title
of Trustee. Possible?

Appreciate any thoughts.

Brent

*Brent Williams-Ruth*  (preferred pronoun: he/him)
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