Court Approval to Establish a First-Party Special Needs Trust
When a person with disabilities in Pennsylvania receives a settlement or inheritance, establishing a first-party Special Needs Trust (SNT) often requires court approval. At the Estate Planning and Elder Law Offices of Gerhard & Gerhard, P.C., we guide families in Montgomery County, Philadelphia County, and Bucks County to ensure compliance with state and federal requirements. Our attorneys help draft the trust, file the necessary petitions, and represent clients in court to protect eligibility for benefits like SSI and Medicaid.
Modification or Termination of a Special Needs Trust
Circumstances change, and sometimes a Special Needs Trust must be modified or terminated. Whether due to changes in the beneficiary’s condition or financial needs, Gerhard & Gerhard, P.C. assists clients in petitioning the court for appropriate modifications. We ensure that any changes maintain compliance with Pennsylvania and federal law to protect the beneficiary’s public benefits.
Appointment or Removal of a Trustee
Trustee issues can arise, requiring court intervention. If a trustee is no longer able or suitable to serve, resigns, or if disputes arise, our attorneys can help. We will represent clients in Montgomery County, Philadelphia County, and Bucks County to petition for the appointment of a new trustee or the removal of an existing one, ensuring the trust is managed in the beneficiary’s best interest. A resigning trustee should prepare an account of the trust activity, and our office can assist in this process.
Approval of Trustee Actions
Trustees may need court approval for significant actions such as large expenditures or investments. Our office provides legal counsel to trustees and families to obtain court approval for actions, when needed, and ensure that the trustee’s actions comply with Pennsylvania’s fiduciary standards and do not jeopardize public benefits.
Disputes Among Family Members or Beneficiaries
Family disagreements over the management of a Special Needs Trust can lead to litigation. Lawyers help resolve these disputes through negotiation or court proceedings.
Accounting and Reporting Disputes
Trustees are required to provide accurate accounting and reporting. If disputes arise, the court may need to review the trust’s financial records. A trustee should prepare accountings along the way. Our office can help trustees put the required accounting in a format acceptable to the court for review. We work with trustees and beneficiaries to resolve accounting issues and ensure transparency and compliance with Pennsylvania law.
Clarification of Trust Terms
Ambiguities in a trust document sometimes arise and can create confusion. Sometimes we need to ask the court for clarification.
Approval of Structured Settlement Funding
When a personal injury settlement is involved, funding a Special Needs Trust with structured payments often requires court approval.
Medicaid Payback Enforcement or Disputes
Upon the death of a trust beneficiary, Medicaid will seek reimbursement from a first-party Special Needs Trust. Our office can help prepare the account of trust activities, communicate with the Pennsylvania Department of Human Services, and navigate this payback process. We have worked through matters with the attorneys who represent the Pennsylvania Department of Human Services for decades.
Jurisdictional or Venue Issues
If a trustee or beneficiary moves, or if multiple states are involved, jurisdictional questions may arise. We can help resolve these issues, ensuring that the trust remains valid and enforceable.
Contact us to get the help you need.
Do you need help with any of the above? The experienced attorneys at Gerhard & Gerhard, P.C. are here to help. Click here to contact us and schedule a consultation today. Let’s protect what matters most.
