================================================================ RESIGNATION AS TRUSTEE LETTER TEMPLATE 5 — SPECIAL NEEDS TRUST ================================================================ Best for: Trustees stepping down from a special needs trust (SNT) or supplemental needs trust. Addresses the heightened duty of care owed to a beneficiary with a disability and includes language specific to benefit preservation obligations. ================================================================ [Your Full Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] [Date] [Co-Trustee / Parent or Guardian of Beneficiary / Trust Attorney / Corporate Successor Trustee Representative] [Address] [City, State, ZIP Code] Re: Resignation as Trustee — [Full Name of Special Needs Trust, e.g., The [Beneficiary Full Name] Special Needs Trust dated [trust date]] Dear [Mr./Ms./Mx. Last Name], I am writing to formally notify you of my resignation as Trustee of [Full Name of Special Needs Trust], effective [specific date, giving at least [X] days notice as required by the trust agreement or applicable state law]. I have taken considerable time before making this decision. The welfare of [Beneficiary First Name] and the preservation of their public benefits are my primary concerns during this transition. My goal is to ensure that this change in trusteeship causes no disruption to their care, their benefits eligibility, or the management of trust assets on their behalf. REASON FOR RESIGNATION ----------------------- [Select or customize:] Option A — Health or capacity change: My own health circumstances have changed, and I am no longer able to carry out the responsibilities of this trusteeship with the level of attention, consistency, and responsiveness that [Beneficiary Name] deserves. Option B — Geographic relocation: A planned relocation to [City/State] makes it impractical for me to manage the hands-on obligations of this trust from a distance, particularly the coordination with service providers, care managers, and government agencies that this role requires. Option C — Recommendation to use a professional trustee: After reviewing the current and future needs of the trust, I believe [Beneficiary Name]'s interests are better served by a professional or corporate trustee with specialized experience in special needs trust administration and public benefits law. Option D — Personal circumstances: Due to significant personal changes in my life, I am no longer in a position to serve as trustee with the consistency and availability this role requires. SPECIAL CONSIDERATIONS FOR THIS TRANSITION ------------------------------------------- Special needs trusts carry obligations that go beyond standard trust administration. Before my resignation takes effect, I will take the following steps: Benefits Preservation: - I will document all current government benefits received by [Beneficiary Name], including SSI, Medicaid, SNAP, housing assistance, or any other means-tested programs, along with account numbers, case worker contacts, and renewal dates. - I will confirm with the successor trustee that the trust continues to meet all requirements to preserve benefit eligibility, including the prohibition on distributions for items covered by public benefits. Records & Accounts: - I will prepare a full accounting of all trust income, disbursements, and asset balances from [start date] through [effective resignation date]. - I will transfer all trust documents, medical records held in trust capacity, service provider contacts, care plans, and legal correspondence to the incoming trustee or legal counsel. - I will notify all relevant government agencies (Social Security Administration, state Medicaid office, etc.) of the change in trustee, in coordination with trust counsel. Care Coordination: - I will provide the successor trustee with a written summary of [Beneficiary Name]'s current care arrangements, service providers, housing situation, and any pending needs or anticipated expenses. - I will make myself available for a transition call or meeting with the incoming trustee to ensure continuity of care planning. SUCCESSOR TRUSTEE ------------------ [If a successor is identified:] I understand that [Successor Name / Organization Name] will serve as the incoming trustee. I will contact them directly to begin the handover process and share all necessary records and information. [If no successor has been identified:] I urge that a qualified successor be identified and approved as quickly as possible. Given the nature of this trust and the vulnerability of the beneficiary, the trust should not go without active fiduciary oversight for any significant period. A corporate or professional trustee experienced in special needs administration may be worth considering. CLOSING ------- Serving as trustee for [Beneficiary Name] has been a meaningful responsibility. I am committed to doing everything I can to protect their interests through the end of this transition. Please reach me at [phone number] or [email address] to coordinate next steps. Respectfully, [Your Full Name] [Signature] [Date] [Notary block if required:] State of _______________ County of ______________ Subscribed and sworn before me this ___ day of __________, 20__. Notary Public: _______________________ Commission Expires: __________________ ================================================================ CUSTOMIZATION NOTES ================================================================ - Special needs trusts have strict rules about what funds can and cannot be used for. The incoming trustee must understand these rules before taking over. Include a brief summary in your handover. - Notify the Social Security Administration and the state Medicaid office of the trustee change in writing. Failure to do so can create complications for the beneficiary's benefit eligibility. - Some states require court approval for trustee changes in SNTs, particularly first-party (self-settled) trusts funded with the beneficiary's own assets. Consult a special needs attorney. - If the trust was established by court order (litigation settlement), the court may need to approve the successor trustee. - Consider recommending a corporate or nonprofit trustee with SNT experience if no qualified family member or individual is available. - Replace all bracketed placeholders [ ] before submitting. ================================================================