At the Law Offices of Robert P. Bergman, we help Walnut Village families plan for long-term care and financial stability for loved ones with disabilities. A properly drafted special needs trust preserves access to essential public benefits while creating a steady framework for supplemental support. Our approach centers on clear communication, practical planning, and thorough document preparation so families can feel confident their relative’s needs are accounted for now and in the future. Whether you are just beginning to explore planning options or need to update an existing trust, we provide personalized guidance tailored to your family’s circumstances and the laws that apply in California.
Special needs trust planning involves legal documents and life decisions that affect benefits, care, and quality of life for a person with disabilities. We focus on crafting trusts that help maintain eligibility for programs such as Supplemental Security Income and Medi-Cal while allowing for supplemental goods and services not covered by public benefits. Our team explains the different trust types, the role of trustees, and how distributions can be managed to support daily living, therapies, and enrichment. Throughout the process, we prioritize clear explanations and practical steps so families understand how a trust functions and what to expect over time.
A special needs trust provides a legal mechanism to protect a beneficiary’s access to public assistance while allowing family members to provide additional support. It separates assets that would otherwise affect eligibility for means-tested benefits, enabling payments for costs such as therapies, educational programs, transportation, and personal items that improve quality of life. Trusts can be tailored to account for changing circumstances, including future care needs and potential government program changes. Well-drafted provisions also establish a process for successor trustees, distribution standards, and coordination with other planning documents, giving families confidence that a loved one’s needs will be met responsibly.
The Law Offices of Robert P. Bergman serves families in Walnut Village and throughout Orange County and California with a focus on practical, client-centered estate planning. Our office assists clients with a broad range of planning tools, including revocable living trusts, wills, powers of attorney, advance health care directives, and multiple trust options designed for beneficiaries with disabilities. We emphasize careful drafting and proactive communication so trustees and family members understand their roles and responsibilities. Clients work directly with our attorneys and staff to create clear, durable plans that reflect their values, financial realities, and goals for the future.
A special needs trust is a legal arrangement that holds assets on behalf of a person with disabilities without jeopardizing eligibility for government programs such as Supplemental Security Income and Medi-Cal. These trusts can be funded by third parties, or by the beneficiary’s own assets under certain conditions, and they are managed by a trustee who follows terms set out in the trust document. The trust directs how funds are to be used for supplemental needs like transportation, education, therapies, and personal items. Proper drafting and administration are essential to ensure distributions support the beneficiary while preserving means-tested benefits.
Creating and maintaining a special needs trust requires careful attention to timing, funding, and coordination with other estate planning documents. Trustees must keep accurate records and make distributions consistent with the trust terms and applicable benefit rules. In some cases, a pour-over will funnels assets into a trust at death, while other arrangements involve funding a trust during a grantor’s lifetime. Regular reviews are important because changes in family circumstances, benefits rules, or the beneficiary’s needs can affect how a trust should be managed and whether amendments or successor trustee changes are appropriate.
A special needs trust is designed to hold assets for the benefit of an individual with disabilities while preserving eligibility for public assistance programs that have asset and income limits. The trustee uses trust funds to provide supplemental care and services that government programs do not cover, often enhancing quality of life through education, therapies, recreation, and other supports. The trust document establishes how and when funds may be distributed, who serves as trustee, and provisions for successor trustees. Different trust structures address different funding sources and beneficiary circumstances, so selecting the right approach depends on family goals and legal requirements.
Essential elements of a special needs trust include clear identification of the beneficiary, a named trustee with powers and responsibilities, distribution standards for supplemental needs, and provisions for successor trustees. Administrative processes involve tracking receipts and expenditures, maintaining compliance with benefit program rules, and preparing for changes such as relocation or alterations in public benefits. Trustees often coordinate with financial advisors, care managers, and family members to carry out the grantor’s intent. Ongoing oversight and careful recordkeeping help ensure the trust operates as intended without jeopardizing the beneficiary’s access to necessary public supports.
The terminology used in special needs planning can be unfamiliar, so a clear glossary helps families make informed decisions. This section defines common terms, explains distinctions between trust types, and outlines roles such as trustee and beneficiary. Understanding these definitions clarifies how assets are protected and how distributions should be managed. If questions arise about any term or concept, our office provides plain-language explanations and applies those concepts to your family’s circumstances so you can choose the trust type and provisions that best meet your objectives.
A special needs trust is a legal arrangement that holds assets for a person with disabilities without disqualifying them from means-tested benefits. Funds from the trust are used to supplement public benefits by covering items and services not provided by government programs, such as therapy, education, travel, or personal support. The trustee manages the trust and makes distributions according to the trust’s terms, keeping careful records to maintain benefit eligibility. These trusts can be created by third parties during life, funded at death through a will, or, in limited circumstances, funded with the beneficiary’s own assets while complying with specific legal rules.
A supplemental needs trust, often used interchangeably with special needs trust, emphasizes providing additional support beyond what public assistance covers. It is designed to supplement, not replace, government benefits. The trust document sets out permissible uses for funds and typically prohibits direct cash distributions that could be counted as income by benefit programs. Instead, payments are made to vendors, service providers, or to cover items that do not affect eligibility. Careful drafting ensures the trust’s actions align with benefit program requirements and the beneficiary’s quality of life goals.
A first-party special needs trust, sometimes called a (d)(4)(A) trust under federal law, can be established for a beneficiary using their own assets, typically when a minor or an incapacitated adult receives a settlement or inheritance. These trusts allow the beneficiary to retain eligibility for public benefits while their resources are held in trust. A repayment provision requires that remaining trust assets may be used to reimburse the state for Medi-Cal benefits upon the beneficiary’s death, unless law or planning creates alternative arrangements. Accurate setup and administration are required to meet statutory requirements.
A third-party special needs trust is funded with assets belonging to someone other than the beneficiary, such as a parent or grandparent, and is typically used to provide long-term supplemental support without subjecting the beneficiary’s own benefits to risk. Because the assets do not belong to the beneficiary, a third-party trust usually avoids state reimbursement requirements at the beneficiary’s death. These trusts can be established during the grantor’s lifetime or through estate documents like a pour-over will, and they allow donors to direct how financial support should be provided across generations.
When planning for a loved one with disabilities, families face choices among third-party trusts, first-party trusts, ABLE accounts, and direct support arrangements. Each option has advantages and limitations related to funding rules, impact on benefits, and administrative requirements. ABLE accounts offer tax-advantaged savings with certain contribution limits and can supplement a trust in some situations. Third-party trusts offer flexibility without state payback obligations, while first-party trusts allow beneficiaries to retain eligibility when their own resources are involved. Careful comparison helps families select tools that align with their goals, resources, and the beneficiary’s long-term care needs.
A limited planning approach may suffice when a beneficiary’s supplemental needs are modest, funding sources are straightforward, and interactions with public benefits are minimal. In these situations, families may rely on simple documentation, such as a modest third-party trust or careful gifting strategies, to provide additional support without creating a more elaborate structure. The trustee’s administrative responsibilities can be relatively light when distributions are predictable and infrequent, though even limited plans should include clear guidelines to prevent misunderstandings and preserve benefits.
If the beneficiary’s needs can be met largely through an ABLE account and family-provided support, a limited approach may be appropriate. ABLE accounts offer a straightforward way to save for disability-related expenses without affecting eligibility for many benefits, subject to contribution limits. When a family can reliably provide occasional supplemental assistance and long-term financial transfers are unlikely, a simple plan that combines ABLE savings and occasional third-party contributions can be efficient while keeping administrative overhead low.
Comprehensive planning becomes necessary when family finances involve multiple assets, business interests, real estate, or anticipated large inheritances or settlements. These circumstances raise potential risks to benefit eligibility and require careful structuring to protect assets intended for the beneficiary. A comprehensive plan coordinates trusts, wills, powers of attorney, and beneficiary designations to ensure that transfers occur in a manner consistent with the family’s intent while preserving access to government programs. Detailed document drafting and proactive funding strategies reduce the chance of unintended consequences over time.
If the beneficiary’s needs will require continuous management, specialized distributions, investment oversight, or coordination with care providers, a comprehensive plan provides a clear framework for trustee duties and oversight. Families may want to include provisions for successor trustees, decision-making protocols, and powers to retain financial and care advisors. Comprehensive planning reduces uncertainty by setting standards for distributions, addressing potential disputes, and providing successor arrangements that ensure smooth transitions in caretaker or trustee roles over many years.
A comprehensive approach brings together legal documents, funding strategies, and administration plans to protect a beneficiary’s benefits while providing meaningful supplemental support. It promotes long-term stability through clear trustee guidance, successor arrangements, and coordination with other planning tools like wills and powers of attorney. By addressing tax considerations, potential payback obligations, and changing circumstances, comprehensive planning reduces the likelihood of future disputes or unintended loss of benefits, giving families confidence that both immediate and future needs are anticipated and provided for.
Comprehensive plans also help families document the grantor’s intentions regarding lifestyle support, education, health care, and housing decisions. Clear provisions for distributions, oversight, and periodic review create a durable framework that can adapt as laws and family needs change. The added clarity can ease trustee decision-making and provide peace of mind for caregivers and relatives who play ongoing roles in the beneficiary’s life. When paired with regular reviews, a comprehensive plan remains relevant and effective for many years.
One of the primary benefits of a comprehensive special needs trust is preserving the beneficiary’s eligibility for government programs that require strict asset and income limits. Thoughtful trust language and administrative practices ensure that funds are used in ways that do not count as income or resources for benefits programs. This protection allows the beneficiary to continue receiving essential services such as health care and income support while trust assets are available to supplement their needs. Clear documentation and coordinated planning reduce the risk of benefit disruption over time.
A comprehensive strategy provides a tailored plan for both financial support and life care considerations, including trustee authority, distribution standards, and coordination with medical and support providers. This integrated approach allows families to outline priorities for education, housing, recreational activities, and other supports while ensuring funds are available to meet those goals. By anticipating successor arrangements and potential future needs, comprehensive plans give families a sustainable structure for managing resources across lifetime changes and generations.
Early planning allows families to structure trusts, beneficiary designations, and supporting documents in a way that reduces risk to public benefits and ensures a smoother transition when care responsibilities change. Open communication among family members and the chosen trustee helps align expectations about distributions, housing, and long-term support. Documenting goals, preferences, and routines can guide trustee decisions and improve the beneficiary’s continuity of care. Periodic review of all documents keeps the plan current as laws, financial circumstances, and the beneficiary’s needs evolve.
Trustees should maintain thorough records of all receipts, disbursements, and decisions related to the trust to demonstrate compliance with benefit rules and the trust terms. Establishing written distribution policies and guidelines helps trustees make consistent choices and provides transparency for family members. Regular accounting and periodic reviews of investments and distributions help the trust meet the beneficiary’s current needs while preserving resources for the long term. Clear records also ease any transition to a successor trustee in the future.
Families consider special needs trust planning to safeguard a loved one’s access to public benefits while providing supplemental support that improves quality of life. Planning addresses pressing concerns such as paying for therapies, transportation, education, housing accommodations, and other services that government programs may not cover. It also creates an orderly process for future transfers of assets, establishes successor trustees, and outlines the grantor’s wishes for long-term care. Thoughtful planning reduces uncertainty and helps family members feel prepared to manage the responsibilities of caring for someone with disabilities.
Additionally, a special needs trust can reduce the risk of family conflict by documenting clear distribution standards and naming successor decision-makers. It provides a flexible tool for funding ongoing support without disrupting benefits eligibility, and it can be combined with retirement and life insurance planning to ensure sustainable funding. For families receiving a personal injury settlement, inheritance, or other significant transfer, a trust may be necessary to retain public benefits while using those funds to enhance the beneficiary’s life in other meaningful ways.
Many families pursue a special needs trust after events such as receiving an inheritance, obtaining a settlement, or facing the transition of a caregiver. Other circumstances include planning for the long-term care needs of an adult child with disabilities, coordinating government benefits with supplemental financial support, and preparing for changes in health or living arrangements. Each situation requires an individualized assessment to determine the appropriate trust type, funding method, and distribution standards that align with the beneficiary’s needs and the family’s goals over time.
When a beneficiary receives an inheritance or other sizable financial transfer, a trust can preserve eligibility for means-tested benefits while allowing funds to be used for supplemental needs. Without a trust, such assets could disqualify an individual from programs like Supplemental Security Income or Medi-Cal. Establishing a trust at the appropriate time and in the correct form prevents loss of benefits and provides a structured way to use funds for housing, education, therapies, and other non-covered supports that enhance the beneficiary’s life and independence.
Settlement proceeds often trigger the need for a trust because they can dramatically change a beneficiary’s financial status and eligibility for public benefits. A properly structured first-party or other appropriate trust can receive settlement funds while preserving benefits. The trust document must meet legal requirements and include necessary payback provisions when applicable. Working promptly after a settlement helps ensure funds are administered in a way that supports the beneficiary without unintended consequences for benefits or future care planning.
Changes such as the aging of a parent caregiver, relocation, or the need for residential accommodations can prompt trust planning to provide financial continuity for the beneficiary. A trust that clearly outlines distribution standards, trustee powers, and successor arrangements helps manage transitions smoothly. Planning for ongoing housing, supported living, or future care services ensures that funds are available to pay for appropriate supports when family members cannot provide direct care, reducing disruption and uncertainty during significant life changes.
The Law Offices of Robert P. Bergman provides Walnut Village families with practical legal solutions for special needs planning. We offer guidance on trust selection, document drafting, funding strategies, and trustee responsibilities. Our goal is to make the planning process understandable and manageable, helping families protect benefits while providing meaningful supplemental support. Clients receive clear explanations of options, written plans that reflect personal goals, and assistance implementing the documents needed to secure their loved one’s long-term care and financial stability.
Families choose our office for thoughtful, client-centered planning that focuses on practical results. We combine careful drafting with a collaborative approach, explaining how different trust types work and how each option affects benefits and long-term support. Our process includes a comprehensive review of assets, beneficiary needs, and family goals so the resulting plan is meaningful and workable. We emphasize clarity in documents and thorough instructions for trustees to reduce the potential for confusion or disputes later on.
We assist clients with a range of estate planning documents that integrate with a special needs trust, such as revocable living trusts, pour-over wills, powers of attorney, and advance health care directives. This coordinated approach ensures that assets are directed according to the plan and that decision-makers have the authority they need during incapacity. By aligning beneficiary designations and account titles with the trust structure, we help prevent unintended transfers that could affect benefit eligibility and provide practical guidance on funding trusts effectively.
Our office helps families prepare for the ongoing administration of a trust through clear trustee powers, recordkeeping practices, and contingency planning for successor trustees. We work to create documents that anticipate common issues and provide practical solutions, including distribution guidelines and reporting practices. If questions arise after documents are in place, we are available to assist trustees and family members with interpretation and implementation so the beneficiary receives consistent support aligned with the grantor’s intentions.
Our process begins with a detailed intake to understand the beneficiary’s needs, family resources, and long-term goals. We review financial accounts, insurance, potential settlements, and existing estate documents to determine the appropriate trust structure. After selecting the right trust type and drafting the documents, we assist with funding the trust and provide written guidance for trustees. Follow-up consultations and periodic reviews ensure the plan remains effective as circumstances change and as laws affecting benefits evolve over time.
During the initial consultation, we gather information about the beneficiary, family dynamics, assets, and any imminent transfers or settlements. This assessment helps identify whether a third-party trust, first-party trust, or a combination with an ABLE account is appropriate. We explain the advantages and limitations of each option, discuss trustee selection, and outline likely costs and timelines. The goal is to provide families with clear choices so they can make informed decisions about the structure and funding of the trust.
Collecting detailed information about assets, income sources, insurance, and current benefit enrollment is critical to drafting an effective plan. We review bank accounts, retirement accounts, life insurance, and any pending settlements. Understanding who currently provides care and how daily needs are met allows us to tailor distribution provisions and trustee powers to align with the family’s caregiving structure. Accurate information enables a practical trust design that preserves benefits while supporting the beneficiary’s lifestyle.
Once information is gathered, we discuss the available trust types and planning tools in clear terms, including ABLE accounts and coordination with wills and powers of attorney. We explain how funding methods affect benefits and whether state payback provisions apply. This conversation helps families choose the trust type that best fits their goals, whether preserving benefit eligibility, providing long-term supplemental support, or planning for potential future care needs.
After the trust type is chosen, we draft the trust document and related estate planning instruments with precise language to avoid ambiguities. Documents outline trustee authorities, permissible uses for trust funds, and successor arrangements. We prepare a funding plan that addresses how and when assets will be transferred to the trust, and provide written trustee instructions to guide distributions and recordkeeping. This step ensures the legal structure is clear and that trustees have the tools needed to administer the trust responsibly.
The trust document includes distribution standards that allow trustees to provide supplemental goods and services without disrupting benefits. Trustee powers are drafted to permit necessary financial management, including paying vendors, hiring care providers, and managing investments. Clear language reduces the likelihood of disputes and gives trustees the authority to respond to changing needs while remaining within the trust’s purpose. Written guidance accompanies the documents to help trustees make consistent decisions.
We prepare a funding plan that addresses which assets will transfer to the trust during life or at death through a pour-over will, beneficiary designations, or account retitling. Coordinating beneficiary designations and retirement account planning prevents unintended direct transfers that could disqualify benefits. We also prepare supporting documents such as powers of attorney and advance health care directives so that decision-makers have the necessary authority to act on the beneficiary’s behalf when needed.
Once documents are executed and the trust is funded, we assist trustees with initial administration, recordkeeping setup, and an overview of reporting obligations related to public benefits. Trustees receive guidance on permissible distributions, documentation practices, and how to work with providers and benefits agencies. We recommend periodic reviews to account for changes in the beneficiary’s needs, family circumstances, or changes in law, and we remain available to update documents or advise trustees as circumstances evolve to ensure the plan continues to meet its objectives.
We provide trustees with practical instructions for opening trust accounts, documenting expenses, and setting up accounting systems that demonstrate compliance with benefit rules. Initial assistance often includes templates for recordkeeping, sample distribution policies, and guidance on vendor payments. Trustees are encouraged to maintain transparent records that show how funds directly support supplemental needs so that eligibility for government benefits remains protected and family members feel confident in day-to-day trust operations.
Periodic reviews ensure the trust and supporting documents continue to reflect the beneficiary’s needs and the family’s objectives. Reviews may include revising distribution standards, updating successor trustee appointments, and coordinating changes to funding sources. We evaluate whether adjustments are needed due to changes in benefits rules, finances, or the beneficiary’s health and living situation. These updates help maintain the trust’s effectiveness and ensure that the plan adapts to long-term changes without unintended consequences.
A special needs trust is a legal vehicle designed to hold assets for a person with disabilities while preserving eligibility for means-tested public benefits. The trust’s funds are used to provide supplemental goods and services that government programs do not cover, such as therapies, assistive devices, transportation, and recreational activities. By placing resources in the trust rather than in the beneficiary’s own name, the assets are not counted toward benefit eligibility limits, allowing the individual to keep essential supports like Medi-Cal or Supplemental Security Income. Proper trust drafting and administration are vital to maintaining benefit protection. The trust must specify permissible distributions and appoint a trustee who follows the trust terms and keeps accurate records. Different trust types suit different funding sources and circumstances, so families should review their options and coordinate trust planning with other estate documents to ensure benefits remain intact and the beneficiary receives appropriate supplemental support.
Choosing between a third-party and a first-party trust depends on who provides the funding and the family’s goals. A third-party trust is funded with assets from someone other than the beneficiary, such as a parent or grandparent, and typically avoids state payback requirements. This structure offers flexibility and is often used in estate plans to provide long-term supplemental support without affecting the beneficiary’s own assets. A first-party trust, on the other hand, is funded with the beneficiary’s own assets, such as a settlement or inheritance, and must meet specific statutory requirements to preserve benefits. These trusts often include payback provisions to reimburse the state for certain benefits after the beneficiary’s death. The best choice depends on the source of funds, desired control over distributions, and how the family wants to handle any potential payback obligations.
Whether a special needs trust can pay for housing or rent depends on the trust terms and the type of public benefits the beneficiary receives. For many benefits programs, direct cash payments for room and board can affect eligibility. Trustees typically use trust funds to pay housing providers, vendors, or cover allowable costs that do not count as income for benefits purposes, such as special accommodations, medical-related home modifications, or supported living services. Trust language should be drafted to clarify permissible housing-related distributions and to direct payments in ways that avoid negatively impacting benefits. Trustees should coordinate with benefits advisors or caseworkers when considering housing distributions to ensure payments are structured appropriately and records are maintained to document the purpose of each expenditure.
Trustees have a duty to manage trust assets prudently, follow the trust terms, and make distributions consistent with preserving the beneficiary’s public benefits. Responsibilities include maintaining accurate records of receipts and expenditures, making payments to vendors and service providers when appropriate, investing trust assets conservatively within the trust’s directives, and communicating with family members as needed. Trustees must also understand how distributions impact benefit eligibility and act in the beneficiary’s best interest at all times. Good administration includes preparing regular accountings, documenting the purpose of each distribution, and keeping clear policies for discretionary payments. Trustees should be familiar with the trust document, consult with legal or financial advisors when uncertainty arises, and have contingency plans for successor trustees to ensure continuous, stable management of the trust.
ABLE accounts provide tax-advantaged savings for qualified disability expenses and can coexist with a special needs trust in many planning scenarios. ABLE accounts have annual contribution limits and overall account balance limits that vary by state, but they allow funds to be used for education, housing, transportation, and related expenses without automatically disqualifying a beneficiary from certain public benefits. Families may find ABLE accounts useful for smaller, ongoing expenses while relying on a trust for larger or more complex needs. Coordination between an ABLE account and a special needs trust is important to avoid duplication and to ensure that the combination of resources supports the beneficiary effectively. Families should review contribution limits, reporting requirements, and how distributions from each vehicle affect public benefits to determine the right balance between an ABLE account and a trust in their overall plan.
Whether state payback is required depends on the trust type and the source of funding. First-party special needs trusts created with the beneficiary’s own assets often include a payback provision that may require remaining assets to reimburse the state for certain benefits provided, such as Medi-Cal, after the beneficiary’s death. Third-party trusts funded by someone other than the beneficiary generally avoid state payback requirements and can direct remaining assets to other family members or causes without reimbursement obligations. Families should consider payback implications when deciding how to fund a trust and whether to use life insurance, retirement account designations, or other mechanisms to provide for the beneficiary while addressing any potential reimbursement obligations. Clear documentation and coordination with estate planning documents can manage these outcomes according to the grantor’s wishes.
Life insurance and retirement accounts can fund a special needs trust, but careful beneficiary designation and titling are necessary to avoid direct transfers that could jeopardize benefits. Naming a trust as the beneficiary of a life insurance policy can provide a stream of resources for the beneficiary without placing funds in their name. For retirement accounts, strategies such as naming a trust as beneficiary or using other distribution planning tools help align retirement proceeds with the trust’s objectives while addressing tax and benefits implications. It is important to coordinate retirement and insurance designations with the trust structure and to consider timing, tax consequences, and potential impacts on public benefits. Working with legal and financial advisors helps ensure that beneficiary designations, account titling, and funding methods support the trust’s purpose and maximize resources for the beneficiary’s long-term needs.
You should update a special needs trust and related estate documents whenever there are major life changes, such as the birth or death of a family member, a significant change in finances, a new settlement or inheritance, changes in the beneficiary’s needs or living situation, or changes in government benefit rules. Regular reviews every few years are also prudent to ensure the plan remains aligned with current laws and family goals. Periodic updates help address successor trustee appointments, adjust distribution guidelines, and reflect new funding sources. Prompt updates after a life event prevent unintended consequences and keep the plan effective. Maintaining up-to-date documents reduces the risk of benefit disruption and ensures that the grantor’s intentions are clear and executable, providing continuity of care and financial support for the beneficiary over time.
Special needs trusts can be used to pay for education, therapies, and related supports when such expenditures are not provided by public benefits. Payments for tutoring, specialized schooling, therapy sessions not covered by benefits, and certain learning aids can fall within permissible uses of trust funds. The trust should specify allowable categories of educational and therapeutic expenditures to guide trustees and prevent distributions that might be treated as countable income by benefit programs. Trustees should document the purpose and benefit of each educational or therapeutic payment and coordinate with providers and benefits administrators when necessary. Clear trust language and disciplined recordkeeping help ensure these valuable supports are provided without jeopardizing eligibility for essential public assistance.
Ensuring smooth trustee transitions begins with naming successor trustees and documenting clear instructions for administration, distribution standards, and recordkeeping. The trust document should identify multiple potential successors and provide guidance on when and how a successor should assume duties. Written policies and organized records make it easier for a new trustee to understand past decisions and continue administration with minimal disruption. Additionally, building a support network of financial advisors, care managers, and legal counsel can assist successor trustees in complex situations. Training sessions or meetings between the outgoing trustee and successor, along with accessible account information and documentation, reduce uncertainty and help maintain consistent support for the beneficiary during the transition.
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