Newsletter
August 2026
Our August newsletter focuses on trust transfers, an important topic for many professionals and the families and beneficiaries they serve. At CCT, we understand that trust administration and future planning include difficult decisions, careful timing, and the need for a trusted partner who can provide both expertise and compassion.
CCT is prepared to accept both individual trusts and group trust transfers, and our team is here to help make that process as smooth and clear as possible. Whether you are assisting one beneficiary, overseeing multiple trusts, or managing a pooled trust, we are ready to answer questions, provide guidance, and share materials about CCT and the different trust options we administer.
In this issue, Jessica Morris shares a compelling piece about a CCT beneficiary that reminds us why this work matters. Behind every trust is a person, a family, and a story. These stories reflect the importance of thoughtful trust administration and the peace of mind that comes from knowing a beneficiary’s needs are being supported with care.
For professionals or families considering a transfer, CCT offers experience, stability, and a mission-driven approach. We know that every situation is unique, and CCT welcomes the opportunity to talk through your questions and provide the information you need to determine the best path forward.
Call or visit our website to learn more about CCT, our trust programs, or the transfer process.
With gratitude for the opportunity to serve our clients and the trust you have in us,
Joanne Marcus, MSW
President and CEO
Our staff are available to answer questions and provide support.
All photographs and testimonials included in our newsletter are CCT Beneficiaries, advocates, or allied professionals who have kindly given permission for us to share their words and/or image.
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Transferring a Trust to CCT
Providing trust administration services for beneficiaries who are vulnerable, a minor, or have a disability can be complicated. At times, it is in everyone’s best interest to transfer the clients to a pooled trust. The following are reasons why trusts have been transferred to CCT:
- Professional trustees who may have a minimum opening and closing account balance, such as bank trust departments, trust companies, and attorneys. When an account reaches the minimum or someone calls with a smaller trust balance, it is helpful when there is a viable option, such as CCT.
- There are times when the board of directors of a pooled trust or a bank or trust department determines that the organization/company is no longer able to offer trust administration services. In this instance, all accounts are transferred to CCT.
- There is also the opportunity for a beneficiary to transfer from one pooled trust to another when moving out of state or if a change in the administration of the trust is needed.
- Individual, non-professional trustees can be in a challenging position when they do not have specialized knowledge in protecting means-tested benefits such as SSI and Medicaid. In addition, factors such as access to appropriate trust administration software, challenges in the trustee-beneficiary relationship, and other circumstances may lead a trustee to decide to transfer the trust.
Transfers from existing trusts comprise a significant number of accounts that are opened with CCT. With a client services staff of experienced, highly trained social workers and special needs education specialists that are backed by a team of attorneys, we are uniquely suited to manage the needs of individuals who can benefit from a trust administrator.
The following describe the multiple methods of transferring trust accounts to CCT:
1. Some trusts explicitly authorize a transfer of assets to a pooled trust. This is a powerful tool that trust and estates attorneys can utilize when dealing with potential unexpected future situations. A few sentences giving the trustee this power can save thousands of dollars of legal fees should the trustee need to transfer administration of a trust to a pooled trust.
An example of language that would allow this is:
My Trustee may at any time, exercising sole discretion, distribute any income or principal held in [name of trust], up to the entire value of the trust corpus, to the Trustee of a pooled trust administered by Commonwealth Community Trust, or a similar pooled trust, for the benefit of [insert Beneficiary name]. I authorize my Trustee to sign all joinders and other documents and take all steps necessary to establish the sub-account and to facilitate the transfer of the trust assets to the sub-account for the benefit of [insert Beneficiary name].
Even if the trust does not include this power, many trusts have a mechanism to allow an amendment, either by the trustee, a trust protector, or some other method. This may enable a trust transfer to occur without going through the extended statutory decanting process.
2. Even if a trust does not have its own explicit transfer power, most states have enacted a statute – either the Uniform Trust Decanting Act or a state-specific act – permitting the decanting of a trust into a second trust where the trustee has discretionary power to distribute principal. These statutes lay out a structure for giving notice to necessary parties. Both who must be given notice, and the length of the notice period vary state by state, as do restrictions on what the terms of the second trust may be. However, the decanting process can typically be accomplished without petitioning the court, making it an attractive option when a direct transfer power is unavailable.
3. Finally, if the original trust does not authorize transfer and decanting is not permitted or appropriate, or if there are special circumstances that justify the expense, such as a beneficiary who opposes the transfer, a court can be petitioned to authorize transfer. The petition should include the CCT Master Trust Agreement and Joinder Agreement, and the court order should specify the remainder beneficiaries if the CCT Joinder Agreement is incomplete.
Having served more than 3,500 beneficiaries over the course of almost three decades, CCT is experienced with all three methods and can support both professional and non-professional trustees who have made the decision to transfer a beneficiary or beneficiaries to our highly skilled and compassionate staff.
FAQ
Question: When Can CCT Accept a Transfer of Assets from Another Trust?
Answer: CCT can accept a transfer of assets from another trust under the following three circumstances:
the original trust authorizes the transfer,
the trust assets are transferred through decanting,
the court order authorizes a transfer.
Because each trust and transfer situation is different, trustees or interested parties should review the original trust document and contact CCT to begin the transfer process.
For more information, including sample language for authorizing a transfer, decanting details to consider and suggested court order language, please visit CCT’s Trust Transfers page.
Our Client Services Staff Who Set Us Apart
Written by
Jessica Morris, LCSW
Client Services Manager
There are times when beneficiaries come to Commonwealth Community Trust following a traumatic event. These circumstances may have resulted in the person receiving funds from, for example, a personal injury award or wrongful death settlement. Part of CCT’s role is to open the trust and make it as accessible and user-friendly as possible. Our staff prides itself on being proactive as to the care of beneficiaries. This means we often see the possibilities of major enhancements even if the client has not identified requests themselves.
In one notable situation, 46-year-old K.G. was a passenger in a serious car accident that left him wheelchair-bound and dependent on a colostomy and feeding tube. After a lengthy hospitalization, K.G. was placed in a nursing home where he received therapy services. His trust funds allowed him to move to a private-pay, intensive therapeutic program, where he has made tremendous progress in advancing speech ability, self-feeding, and other self-care skills. Throughout this journey, K.G.’s father has been by his side, trying to visit every day, and advocating for his son’s needs. Unfortunately, without his own transportation, K.G.’s father needed to take several public buses and then walk approximately a mile to reach the facility. He was unable to take K.G. out in the community, to restaurants or the park. It was clear to CCT’s team that these outings would improve K.G.’s quality of life, allowing him to interact with an environment outside of his facility.
His Client Services Coordinator has worked closely with K.G. and his father to ensure continuation of his therapeutic placement, also arranging for a local case manager for longer-term care planning. More immediately, however, CCT staff worked to help tackle the conundrum of how to make K.G.’s life as fulfilling as possible by ensuring that his primary support person would be present. After discussion with CCT’s internal Disbursement Committee, it was agreed that the purchase of a handicap-accessible van would meet this need.
Since that purchase, K.G.’s father has consistently visited him, taking him out multiple times per week and allowing him to experience his community in a way that is not always possible when confined to a 24-hour care facility. This use of his trust has granted K.G. the opportunity to feel included in the world which, in turn, aids him in experiencing a life that was forever changed through no fault of his own.
CCT’s work is not measured solely by our ability to fulfill requests but to see uses for the trust that could positively affect the lives of our clients. We do this by getting to know our beneficiaries on a deeper level, understanding their context and situations, using our prior experiences, and connecting the dots to offer solutions that change lives.
Conferences & Presentations
August
August 6-8, 2026 | South Carolina Advocates for Justice – Annual Convention
August 17, 2026 | Virginia CLE – CLE Presentation by M. Benjamin Tiefenback, Esq. – Protecting Minor Clients: Pooled Special Needs Trusts and Settlement Preservation Pooled Trusts
August 18, 2026 | Catholic Charities of Eastern Virginia – Presentation by M. Benjamin Tiefenback, Esq. – Fundamentals of Pooled Special Needs Trusts
August 19, 2026 | Lawline – CLE Presentation by M. Benjamin Tiefenback, Esq. & Sean Murphy, Esq. – Protecting Vulnerable Plaintiffs
August 27, 2026 | Virginia Trial Lawyers Association – Discovery is a Highway: Winning Best Practices Seminar
Pictured above is Liz Reid, Business Development Manager with Alan Wilson, Esq., the 51st Attorney General of South Carolina at the South Carolina Advocates for Justice Annual Convention.
September
September 10, 2026 | North Carolina Bar – CLE Presentation by M. Benjamin Tiefenback, Esq. & Sean Murphy, Esq. – Using Pooled Trusts as a Safety Net When Drafting Estate Plans
September 10, 2026 | Virginia Academy of Elder Law Attorneys – Virginia CLE – Annual Advanced Elder Law Seminar
September 11, 2026 | Virginia Academy of Elder Law Attorneys – 2026 Fall Conference
September 15, 2026 | The Alaska Bar Association – CLE Presentation by Sean Murphy, Esq. – Pooled Trust Options for Minor Clients
September 15, 2026 | Autism Society of Central Virginia – Presentation by Liz Reid – Pooled Special Needs Trust Planning – What Families Need to Know
September 16-19, 2026 | Arcadia – 2026 Annual Meeting
September 17-19, 2026 | Academy of Truck Accident Attorneys – Annual Symposium
September 25-27, 2026 | North Carolina National Academy of Elder Law Attorneys – 16th Annual North Carolina Chapter Fall UnProgram
September 28, 2026 | Autism Society of Central Virginia – Presentation by Liz Reid – Pooled Special Needs Trust Planning – What Families Need to Know
September 30, 2026 | National Business Institute – Trusts in Virginia From A to Z - CLE Presentation by M. Benjamin Tiefenback, Esq. & Sean Murphy, Esq. – Special Needs Trust
October
October 15, 2026 | The Vermont Bar Association – Virtual CLE Presentation by M. Benjamin Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations
October 15-17, 2026 | North Carolina Advocates for Justice – Mountain Magic
October 21-23, 2026 | Stetson Law – 2026 National Conference on Special Needs Planning and Special Needs Trusts
October 24, 2026 | Special Needs Alliance – Panel with M. Benjamin Tiefenback, Esq. – Inside My AI Practice Panel
(Click the Image to Watch the Video)
Our staff are available to answer questions and provide support.
