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Finding the Right Successor Trustee for a Special Needs Trust

Finding the Right Successor Trustee for a Special Needs Trust

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Note: this article is not intended to provide investment, legal, tax, or accounting advice. Before making decisions with investing, legal, tax, or accounting ramifications, you should consult appropriate professionals for advice that is specific to your situation.

When a special needs trust needs a new trustee, an attorney or wealth advisor is often the one tasked with choosing who will assume responsibility. A prior trustee may be stepping down, a family may be unhappy with how the trust has been handled, or it's simply no longer the right fit. This piece walks through how to go about identifying a successor trustee, from the range of options available to what to weigh when determining a good fit. 

Should you consider an institutional trustee? 

When it's time to name a successor trustee, people often first think of an institutional trustee such as a bank or trust company. But institutional trustees are not always equipped for every trust that comes through the door, and it's worth checking capacity before assuming a familiar name is available to help. 

Some institutions decline to take on special needs trust administration at all, regardless of size, simply because it falls outside the standard trust business they're built around. Others will consider it, but only above a minimum account size, with some institutions requiring minimum deposits ranging from $500,000 to $1 million or more, geared primarily toward high-net-worth clients or complex estate planning needs. A trust that falls below that threshold, or one that doesn't fit the profile an institution’s services are built around, can find itself without an obvious home.

Special needs trust administration also requires a specific kind of expertise. Distributions have to account for how they affect a beneficiary's eligibility for programs like SSI and Medicaid. Good administration often means understanding the beneficiary's day-to-day circumstances, not just managing the account on a fixed schedule. That level of involvement isn't what every institutional trustee is set up to provide.

This doesn’t mean an institutional trustee is the wrong choice. For some trusts, particularly larger ones with more standard administration needs, it can still be a solid fit. But you may want to explore your other options before you place the trust with a new trustee.

Where else to look 

Licensed individual professional fiduciaries

Some professional fiduciaries build their practice specifically around special needs trust work. This option tends to fit trusts where the beneficiary needs a more personal, hands-on relationship with one person rather than a rotating team at a larger institution. It's important to confirm licensing requirements in the relevant state and to ask directly about the fiduciary's experience with benefits-preserving distributions.

Nonprofit pooled special needs trusts

Pooled trusts are often associated with smaller accounts, since beneficiaries' assets are combined for investment and administrative purposes. But many nonprofit organizations that manage pooled trusts also serve as trustee for individual first-party and third-party trusts, separate from their pooled trust management role. That means a nonprofit in this space may be worth considering for a standalone trust, not just the pooled, small-account scenario. These organizations tend to bring deep familiarity with benefits rules, since that's the core of what they do.

Independent and private trust companies

Trust companies that operate outside a traditional retail bank can offer more flexibility than a large institution while still providing the structure and oversight of a regulated entity. This can be a middle path for trusts too large or complex for an individual fiduciary to comfortably manage, but not a natural fit for an institution built around high minimums or a more standardized service model.

A family member as trustee, with professional support

Some families prefer to keep a family member involved as trustee, whether for continuity, trust, or a desire to stay close to the beneficiary's day-to-day life. Pairing that family member with a professional co-trustee can provide the technical support (e.g. investment management, benefits compliance, recordkeeping) that most family members aren't equipped to handle alone, without removing them from the role entirely.

What to weigh

The right fit usually comes down to a handful of practical factors: the size of the trust relative to institutional minimums, how complex the beneficiary's needs and benefits situation are, how involved the family wants to stay, and what the cost structure looks like across options. The goal is to match the trust's circumstances to the structure that can support them.

If you have questions about finding a successor trustee for a special needs trust, you can reach out to Peter J. Wall, Director of Fiduciary Services for True Link Financial Advisors, at peter.wall@truelinkfinancial.com.

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