During our recent signing appointments, clients have been asking us a similar question:

"If my beneficiary is struggling with drug addiction or mental health issues when I die, does my Successor Trustee still have to give them their distribution?"

Our clients want to add an extra provision ensuring that at the time of their death, the Trustee can manage the distribution regardless of the beneficiary's age. 

To many clients' surprise, there is no need for the extra provision, as our Trust already provides this power! According to the Special Distributions clause included in all our Trusts, Successor Trustees can always act at their own discretion, as long as it is for the beneficiary's best benefit. If a beneficiary is going through hardships such as addiction or any other sort of mental incapacitation, the Successor Trustee does not have to pay to them the entire amount outright. 

Our clients leave their appointment feeling safer when they know they can trust their Successor Trustee to do what's right if their beneficiaries are struggling later in life.

"This post is provided for general informational purposes only and does not constitute legal advice; no attorney-client relationship is formed by reading it, and you should consult a licensed California attorney regarding your specific situation.”