If I’m co-executor of my mom’s estate and conservator for my brother, do I have to have good credit to open a special trust fund?

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If I’m co-executor of my mom’s estate and conservator for my brother, do I have to have good credit to open a special trust fund?

Asked on December 3, 2012 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

No. I am assuming you are considering a trust fund for your brother. If the trust fund is to receive funds from your mom's estate, then your own credit has nothing to do with the contemplated trust fund. However, if their is money due from your mother's estate for your brother, consider the iuse of a special needs trust to receive the funds, in conjunction with the account to be set up for your brother. Obtain a probate attorney versed in estate planning and the use of special needs trust.


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