Irrevocable special needs trust exemption?

I have an irrevocable special needs trust set up by the mother for the daughter and daughter's brother is the trustee. Do these still have the 100 exemption. I believe they have to be a disability trust in order to have a higher exemption. All income not needed to assist in care of said child stays in trust. Am I thinking right. I did not think this could be treated as a grantor trust.


thx

Michele

Answer

You need to read the trust agreement to answer some of those questions. It does not sound like a grantor trust. It is a simple or complex trust - probably complex if not all income needs to be distributed.

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