A Threat to All SNTs

Most people haven't noticed, but the Uniform Trust Code (UTC) and the Restatement (Third) of Trusts together abolish the 125-year-old common law distinction between discretionary and support trusts. The immediate effect: In the nine states and District of Columbia that have adopted the UTC in the last three years, state and federal agencies now have a greater ability to deny government benefits when

Most people haven't noticed, but the Uniform Trust Code (UTC) and the Restatement (Third) of Trusts together abolish the 125-year-old common law distinction between discretionary and support trusts. The immediate effect: In the nine states and District of Columbia that have adopted the UTC in the last three years, state and federal agencies now have a greater ability to deny government benefits when families have created trusts to supplement the care of their elderly and disabled — unless the

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