This letter is in reaction to the article “A Threat to All SNTs“ by Mark Merrick and Douglas W. Stein, which appeared in Trusts & Estates' November 2004 issue. The thrust of their article is that the passage of the Uniform Trust Code will cripple special needs trusts (SNTs) in states that adopt it. That is wrong. Among the incorrect charges leveled against the UTC is the assertion that “the elimination of the discretionary-support distinction“ leaves all discretionary trusts vulnerable ...
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