Matter of Alex Golden Special Needs Trust
Matter of Alex Golden Special Needs Trust
Case Number
25PR00095
Case Type
Hearing Date / Time
Tue, 04/01/2025 - 09:00
Nature of Proceedings
Petition to Establish Special Needs Trust
Tentative Ruling
Probate Notes:
Appearances required.
Any Respondents desirous to object to the Petition, must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.
The following issues must be resolved before the Court can approve the creation of the proposed trust:
Clause allowing Amendment without court approval must be changed. The proposed trust contains language that creates an ambiguity with the immediately preceding clause that makes the trust irrevocable. The following language makes amendment to the trust without court approval arguably possible:
“Further, consistent with this Trust's intent to maintain eligibility for essential
public benefits, the Trust may be amended to comply with 42 U.S.C. §1396p(d)(4)(A) or with any other state or federal law, regulation, or policy governing eligibility for public benefits.”
Petitioner must amend the proposed trust language to remove the ambiguity.
“L” in the Prayer for relief contains a request that contradicts language in the trust, and would defeat a prohibition in CRC, Rule 7.903(c)(4) against investments that mature in a period of time greater than five years:
“That the Trustee of the Alex Golden Special Needs Trust is authorized to invest in mutual funds and bonds with maturity dates greater than five years.”
The Court should deny this request.
It is recommended the Court continue the matter to allow an amended proposed trust to be submitted.
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