Special Needs Answers
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Read moreCan My Daughter Leave Remaining Trust Funds to Someone?
- September 23rd, 2024
Q
My daughter has a third-party trust funded with her money from my parents. Is she entitled to leave any remaining funds after her death to a beneficiary of her choice?
A
It depends on the terms of the trust. Some trusts give the beneficiary a “power of appointment” that allows them to say who will receive the trust funds upon their death. Usually, they exercise such powers through their will, in which case it’s called a “testamentary” power of appointment. You’ll have to check the trust to see if your daughter has such a right.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.