So I read the self help books and wrote my own. I got creative and added some Nevada spendthrift provisions inside the special needs trust aka how to deal with creditors. So do I need to get the trust approved by a judge and if so what petition (motion) would i file to bring it before the court?
I've re-tagged the question for "special needs trust" so that a lawyer who handles these issued can respond. This is a very complicated area of the law and should be carefully constructed. The primary purpose of a special needs trust in this situation is to preserve your entitlement to Supplemental Security Income benefits. This requires the appointment / selection of a trustee who will manage the funds on your behalf. If the SNT is improperly constructed, or improperly managed, you can lose your benefits, or Social Security may later allege you were overpaid and request repayment of prior benefits.
I agree with Mr. Dufour. This question is categorized in the wrong area. I've also made the necessary changes.
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You don't need to file a trust w a court or get it approved by a judge. If you are applying for SSI benefits, go see an SSI benefits lawyer. Some SSI attorneys do the special needs trust work as part of their fee for helping you obtain SSI. I would NOT try this on my own, not even as a laywer unless I specialized in special needs trusts.
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