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A Special Needs Trust (SNT) is a trust instrument specifically designed for individuals with "special" needs that serves to protect the beneficiary's eligibility for certain public benefits such as Social Security Income (SSI), Medi-Cal, Food Stamps, and Section 8 Housing.

Special Needs can include such things as mental illness or impairment, traumatic brain injury, and developmental disability or delay. These trusts can be for adults and children alike and serve to try to enhance the quality of life for the beneficiary.

Special Needs Trusts can be complicated because the Trustee of an SNT is bond, not only by the terms of the trust, but also by the rules of the public benefits programs the beneficiary participates in. Often times the rules for these benefits programs change with little to no notice. Therefore, serving as Trustee of a Special Needs Trust requires a wide knowledge base and diligence in keeping up with rules and policy changes. Heather Fisher is one of just a few California Licensed Professional Fiduciaries to have earned a Certificate in Special Needs Trust Management recently created by the Center for Guardianship Certification.

The most important thing to us at Fisher Fiduciary Services is that each Special Needs Trust beneficiary be treated as an individual. Each trust is as unique as the beneficiary it serves to benefit.

Just as it sounds, a Settlement Trust is a Trust that originates from a "Settlement" usually involving sometime of lawsuit or litigation.

Settlement Trust are generally similar to Special Needs Trusts in that they have specific rules that have to be followed by the Trustee. These rules are often written into the trust document itself but if the beneficiary receives public benefits, the Trustee must be familiar with and adhere to those rules as well.

A private professional fiduciary or other neutral party is often required to be named as Trustee of a Settlement Trust as the Courts are often reluctant to appoint family members.

Probate is a process that an estate has to go through when there is no Trust instrument and assets exceed statutory limits (currently $184,500 in California) or when there is real property that must be distributed.

If there is a Will that names who is to serve as the Executor of the Estate, generally speaking, the Court will appoint that person.

Occasionally, circumstances happen in which the Court will look to appoint a neutral party such as a Private Professional Fiduciary. For example, the person named is unable or unwilling to serve and no successor is identified; the beneficiaries are dissatisfied with the performance of the Executor, or the Executor has committed bad acts requiring his/her removal; or there is no Will naming an Executor and no family members are eligible to serve.

Standard Trust Administration

Agent under Durable Power of Attorney for Healtcare and/or Finances

Conservator of the Person and/or Estate

Guardian of the Person and/or Estate

Representative Payee (for Trust clients only)

Consultation Services

Accounting Services

Receiverships