Understanding the Language of Your Plan
When planning for a loved one with a disability, legal documents use specific terms that carry real meaning. Knowing what these words mean helps you make better decisions, ask better questions, and feel more confident every step of the way. Below you will find plain-English definitions for the most important terms used in Special Needs Trusts and estate planning.
Beneficiary
Person who is named in the trust to receive the benefit of the trust property, especially a will or life insurance policy.
Grantor
Person who creates the trust by giving property to the Trustee who is to hold the property for a Beneficiary.
Living Trust
Trust created while the Grantor is alive, as opposed to a trust created in a Last Will and Testament.
Notary Public
Person appointed by the state who can administer oaths.
Power of Attorney
A document that allows someone to legally act for you and do anything you would be able to do. This could include opening and closing bank accounts, selling or buying real estate or stock, writing a will, etc.
Probate
The process of proving a Will is valid in court.
Property
Anything that can be owned, including land, an interest in land, such as a condominium or time-share; personal items, including any tangible property that is not land, such as cars, boats, furniture, jewelry, etc.; or intangible items, such as copyrights, patents, trademarks, etc.
Revocable
The Grantor has the power to cancel the trust.
Special Needs Trust
A trust is for a person with special needs to supplement any benefits the person with special needs may receive from government programs. A Special Needs Trust allows the beneficiary to receive government benefits and still receive funds from the trust.
Successor Trustee
Trustee designated in the trust document to become trustee, if one of the persons originally designated as trustee is unable to act as trustee.
Testamentary Trust
Trust created by a Last Will and Testament.
Trust
An agreement where one person (Grantor) transfers to a second person (Trustee) property to hold for third person (Beneficiary).
Trustee
Person who holds the property that has been placed in the trust.
Witness
Person who watches you sign a document and then signs and dates the same document.
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