January 2020
Individuals who are trustees of a trust in Washington have a variety of legally required duties. If you are not familiar with the responsibilities, you may find them overwhelming at first. At Brothers & Henderson, P.S., we often help clients address the issues that arise related to trust administration. According to Fidelity, trustees act as the legal owner of trust assets. They not only handle the assets held in trust, but they also file taxes and distribute the assets according to the trust terms. Below are some responsibilities for a trustee. The first step is confirming that you understand the trust terms, know who the beneficiaries are and that past account records are in order. At this time, you also establish that the assets are under your control and safe. Going forward, preparing tax returns, statements and other records is your duty. Depending on the trust, investing the assets may be part of the way assets are productive and preserved for the current and future beneficiaries. Decisions regarding the trust provisions are under your purview, including when and if heirs receive payments. Carrying out the duties of a trustee is time-consuming and often complex. In some situations, you may be personally liable for the actions you take while completing those duties. There are times when acting as a trustee is unwise. Before accepting the role, consider family relationships. Can you take action in the best interest of the beneficiaries and make objective decisions? An attorney experienced in providing services related to trusts can help you determine the best course of action. Visit our webpage for more information on this topic.
Families in Washington with members who have special needs may wish to consider setting up a trust to ensure the preservation and accessibility of assets and property. Creating a trust on behalf of an heir with a medical condition or disability may provide your family member or child with much-needed financial support after you and your spouse have passed away. Generally, a trust gives your appointed trustee the authority to manage the allocation of money, property and assets held in custody. Without proper special needs planning, however, your heir may suddenly stop receiving the governmental assistance that he or she has relied upon. As noted by Forbes magazine, setting up a special needs trust may prevent your heir’s disqualification from public benefits assistance after receiving an inheritance. Funds transferred to a trust may provide an additional form of future support for a dependent heir already receiving Social Security Supplemental Income and Medicaid. A special needs trust’s overall purpose may include supplementing an heir’s medical and educational needs, along with travel and other personal expenses. The SNT can help preserve your dependent’s quality of life without jeopardizing his or her government benefits eligibility. Another reason for establishing a trust is to protect an heir from creditors that your estate may owe at the time of your passing. While your executor generally pays debts from any funds available from your estate, creditors may not have a right to the funds that you transferred to a special needs trust. Creating this trust helps to ensure that your heir will continue to have the required support needed for the rest of his or her life. The information provided is for educational purposes only and not intended as legal advice.
An Individualized Education Plan can be a challenging document to develop. Especially in Washington State, where there is no standard form for these documents, IEPs can vary wildly from school to school and student to student. Based on measurable goals that the student will achieve, an IEP outlines the accommodations and supports that the school district will provide so that the student can be successful despite any mental or physical disability. Detailed IEPs can include everything from speech therapy to dietary needs. How does the FMLA help parents with IEP arrangements? The complicated nature of this document makes it especially important that parents are able to attend each IEP meeting and advocate for their child’s care. However, as these meetings are often during the workday, they can cause issues for parents who work full time. As of August 2019, the U.S. Department of Labor authorized that employees may use the Family and Medical Leave Act intermittent leave to attend IEP meetings. The Department of Labor came to this decision because: The IEP is a required document for any student enrolled in special education services. A disability that requires an IEP qualifies as a serious health condition that requires ongoing care. IEP meetings focus on making arrangements for changes in care. When must an employer give you time off for an IEP meeting? If you have a child who requires an IEP at school, any employer with more than 50 employees cannot deny you unpaid time off in order to attend an IEP meeting. Your employer must allow you to take up to 12 weeks of unpaid time off in a 12-month period. Your employer cannot fire you for using FMLA leave to attend an IEP meeting. Attending IEP meetings is important, but the IEP process is not something that you have to face alone. You have the right to bring any representative who has specialized knowledge that will benefit your child, including a legal representative with experience in state and federal disability law.
