Can I Be Paid as an SNT Trustee If I Live in Another State?

  • April 9th, 2025
Q
Can the trustee (who lives in Texas) of a special needs trust established in California be compensated for their time?
A

Yes, a trustee of a special needs trust, regardless of whether the trust is established in California or the trustee resides in Texas, can generally be compensated for their time and efforts. Trustee compensation is typically governed by the terms of the trust document itself, which may specify how and when a trustee can be paid. If the trust document does not specify compensation, state laws where the trust is administered may provide guidance.

In California, trustees are entitled to reasonable compensation, which is often determined by the complexity of the trust, the time spent managing it, and the trustee's expertise. Similarly, Texas law allows for reasonable compensation for trustees, and the amount can be influenced by similar factors.

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It’s important for trustees to keep detailed records of their time and activities related to the trust to justify their compensation. Beneficiaries of the trust should be informed about the compensation arrangements to avoid disputes. If there are any uncertainties or disputes regarding trustee compensation, it may be beneficial to consult with a legal professional familiar with trust law in both California and Texas.


Last Modified: 04/09/2025

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