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I am am beneficary & trustee for irrevociable special needs trust of a friend who just died in california but his family has fro

Irwindale, CA |

frozen trust bank accounts & won't give me a copy of the death certificate. How do I go about getting funds that are now mine?

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Attorney answers 1

Posted

It would be odd to set up a special needs trust and have the beneficiary also be the trustee. I suggest that you contact an attorney who is knowledgeable about Medi-Cal and special needs trusts to find out what steps you need to take to gain control of the trust assets. Most likely you will need to file a petition with the probate court "compelling" the bank to turn the funds over to you (if the family has taken the funds, you may have to "compel" them to return them to you). You should not delay.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.