Settlor / Grantor
Sheila Ann McDaniel
26 Machson Street, #2D, New York, NY 10038
Initial Trustee
Sean Marlon II McDaniel
1497 W. Smoke Tree Ave., Queen Creek, AZ 85140
Sole Lifetime Beneficiary
Sean Maurice Mayo (MAFO AABO)
1948 Revolutionary Way #2313, Godley, TX 76044 Β· DOB March 8, 1966
Trust Registration
EIN 42-6978754
Mailing: 11817 Serval St, Godley, TX 76044 Β· Phone: 775-636-3656
β οΈ Restricted Legal Instrument
This trust instrument contains sensitive legal, financial, and tax information. Access is limited to the Settlor, Trustee, Beneficiary, and authorized legal counsel. Unauthorized access or distribution is prohibited.
Recitals
A. Beneficiary is an individual with a disability as defined in 42 U.S.C. Β§ 1382c(a)(3), under age 65, and has been determined disabled by the Social Security Administration (effective March 20, 2020) and the U.S. Department of Veterans Affairs (effective December 22, 2021). VA pays disability compensation at the 100% rate based on TDIU. Beneficiary also receives SSDI benefits.
B. Settlor is Beneficiary's mother. Settlor received a $250,000.00 award from the September 11th Victim Compensation Fund, Claim No. VCF0110104, and made an irrevocable gift of $225,000.00 of that award directly to Beneficiary pursuant to a Gift Letter dated June 19, 2026, relying on the disabled-child exception to transfer-penalty rules at 42 U.S.C. Β§ 1396p(c)(2)(B)(iii) and SSA POMS SI 01150.121A.2.
C. Because the gifted funds, if retained outright by Beneficiary, would exceed SSI and Medicaid resource limits, the funds are placed into this Trust under 42 U.S.C. Β§ 1396p(d)(4)(A) so they will not be considered an available resource.
D. It is Settlor's intent that this Trust qualify in all respects as an exception trust under 42 U.S.C. Β§ 1396p(d)(4)(A).
Article 1: Creation and Funding of Trust
1.1 Trust Property
Settlor, on behalf of and using the sole and separate assets of Beneficiary, establishes this irrevocable trust. The property described in Schedule A (the "Trust Property"), consisting of assets belonging to Beneficiary, is assigned, conveyed, transferred, and delivered to the Trustee.
1.2 Source of Funds
The initial Trust Property consists of $225,000.00 gifted to Beneficiary by Settlor from Settlor's September 11th Victim Compensation Fund award (Claim No. VCF0110104), which are Beneficiary's own assets for purposes of 42 U.S.C. Β§ 1396p(d)(4)(A).
1.3 Additions to Trust
Beneficiary, Settlor, any court, or any other person or entity may transfer additional property belonging to Beneficiary to the Trustee, provided that no property may be added other than property belonging to Beneficiary, so that this Trust remains a trust solely of Beneficiary's own assets.
1.4 Establishment Authority
This Trust is established by Settlor, the parent of Beneficiary, for the sole benefit of Beneficiary, in accordance with 42 U.S.C. Β§ 1396p(d)(4)(A).
Article 2: Administration and Distribution
2.1 Statement of Intent
The Trust is designed to supplement, and not supplant, replace, or duplicate, any public assistance benefits to which Beneficiary is or may become entitled, including SSI, Medicaid, Medicare, SSDI, VA disability compensation, and any other federal, state, or local benefit program.
2.2 Discretionary Distribution Standard
The Trustee may pay to or apply for the benefit of Beneficiary such amounts from principal or income as the Trustee in sole and absolute discretion deems necessary or advisable for the satisfaction of Beneficiary's Special Needs β items and services that enhance quality of life, health, safety, and welfare, not otherwise provided by any public agency, and which will not render Beneficiary ineligible for or reduce public benefits. No distribution shall be made if it would disqualify Beneficiary from SSI, Medicaid, or other public benefits, except where the Trustee determines the value of the distribution outweighs the loss of benefits.
2.3 Trustee Duty Regarding Public Benefits
The Trustee shall seek to preserve Beneficiary's eligibility for all available public benefits and shall take such benefits into consideration before making any distribution.
2.4 No Supplanting of Public Assistance
No part of the corpus or income shall be used to supplant or replace public assistance benefits. No part of the principal or undistributed income shall be considered an available resource to Beneficiary. The Trustee may deny any request that would jeopardize public benefits eligibility.
2.5 Spendthrift Provision
No interest in principal or income shall be anticipated, assigned, alienated, or encumbered, nor subject to any creditor's claim or legal process, prior to actual receipt by Beneficiary. No part of the corpus shall be considered part of Beneficiary's estate for claims by creditors or public entities, except as required by the Medicaid payback provision of Article 6.
2.6 Sole Benefit of Beneficiary
During Beneficiary's lifetime, the Trust shall be administered for the sole benefit of Beneficiary, and no other person or entity shall benefit from the Trust Property, except for reasonable trustee and administrative expenses.
2.7 No Right of Withdrawal
Beneficiary shall have no right to withdraw principal or income, to direct distributions, or to terminate the Trust. This Trust is irrevocable and may not be revoked or terminated by Beneficiary.
Article 3: Trustee Powers
In administering this Trust, the Trustee shall have the following express powers, to be exercised consistently with the overriding duty to preserve Beneficiary's eligibility for public benefits:
- Retain, invest, and reinvest Trust assets in any kind of property or investment
- Make distributions in cash or in kind
- Delegate ministerial and discretionary functions to agents and employ accountants, custodians, care managers, and legal and investment counsel
- Sell, exchange, lease, and contract with respect to real or personal property
- Compromise, settle, or arbitrate any claim by or against the Trust
- Pay directly, or reimburse Beneficiary or a third party for, goods and services constituting permissible Special Needs distributions
- Apportion receipts and disbursements between principal and income
3.2 Standard of Care
The Trustee shall discharge all duties in good faith and with the degree of care, skill, and caution that a prudent trustee administering a special needs trust would exercise, including remaining informed as to changes in SSI, Medicaid, and other means-tested benefits law.
Article 4: Trustee
4.1 Initial Trustee
Sean Marlon II McDaniel hereby agrees to serve as the initial Trustee.
4.2 Successor Trustee
In the event of the death, resignation, incapacity, or removal of the Trustee, Evergreen P. Mayo shall act as successor Trustee. If no successor is able or willing to serve, a successor Trustee may be appointed by a court of competent jurisdiction.
4.3 Beneficiary Not Eligible to Serve as Trustee
Beneficiary shall not serve, and shall have no right to serve, as Trustee of this Trust, whether alone or jointly with another, nor shall Beneficiary have any power to remove the Trustee and appoint himself or any person not independent of Beneficiary as a replacement Trustee.
4.4 Powers of Successor Trustees
Every successor Trustee shall have all the title, rights, powers, privileges, and duties conferred upon the original Trustee.
4.5 Bond Waived
No Trustee acting hereunder shall be required to post bond or other security.
4.6 Compensation
The Trustee shall be entitled to reasonable compensation for services rendered and reimbursement of reasonable expenses, payable from the Trust estate.
4.7 Accounting
The Trustee shall provide an annual accounting of Trust receipts, disbursements, and assets to Beneficiary's legal representative or guardian, if any, and to such other persons or agencies as may be required by law.
Article 5: Amendment and Irrevocability
5.1 Irrevocability
The Trust hereby established is irrevocable. Neither Settlor nor Beneficiary reserves any right to revoke this Trust, in whole or in part.
5.2 Limited Power to Amend for Compliance
Notwithstanding Section 5.1, the Trustee shall have the power, without the consent of any beneficiary, to amend this Trust Agreement solely to the extent necessary to ensure that the Trust continues to qualify as an exception trust under 42 U.S.C. Β§ 1396p(d)(4)(A) and continues to be excluded as a resource for SSI and Medicaid eligibility, or to conform the Trust to changes in applicable federal or state law. No such amendment shall reduce Beneficiary's interest as sole lifetime beneficiary or eliminate the Medicaid payback provision of Article 6.
Article 6: Mandatory Medicaid Reimbursement (Payback)
6.1 Termination Upon Death of Beneficiary
This Trust shall terminate upon the death of Beneficiary. Upon termination, the Trustee shall first reimburse each state that provided medical assistance to Beneficiary under any state Medicaid plan, up to an amount equal to the total medical assistance paid on Beneficiary's behalf, before any other payment or distribution is made, in accordance with 42 U.S.C. Β§ 1396p(d)(4)(A).
6.2 Priority of Payments
Following Beneficiary's death, the Trustee shall apply the remaining Trust estate in the following order of priority: (a) Medicaid reimbursement; (b) reasonable administration expenses, taxes, and expenses of Beneficiary's last illness and burial; and (c) distribution of any remaining balance as provided in Section 6.3.
6.3 Remainder Distribution
After satisfaction of Sections 6.1 and 6.2, any remaining balance shall be distributed to Children β Sean Maurice Mayo, Ronald Aki McDaniel; Grandchildren β Sean Marlon II McDaniel, Sydney Marcos McDaniel, Chandale Monet Pinkney, Zaire Akie Porter McDaniel, or, if none survive Beneficiary, to Beneficiary's heirs-at-law determined under the laws of intestacy of the State of Texas as if Beneficiary had died intestate domiciled in Texas.
6.4 Early Termination
If a court or the Trustee, as permitted by applicable law, determines that this Trust should terminate prior to Beneficiary's death, the Trustee shall first reimburse each state Medicaid agency before distributing any remaining balance to or for the benefit of Beneficiary.
6.5 No Effect on Sole-Benefit Requirement
Nothing in this Article 6 shall be construed to permit any distribution during Beneficiary's lifetime to any person or entity other than Beneficiary, except as required to satisfy the Medicaid reimbursement obligation upon early termination.
Article 7: Constructional Rules
7.1 Governing Law. The laws of the State of Texas shall govern all questions as to the validity and construction of this Trust, except to the extent preempted by federal law, including 42 U.S.C. Β§ 1396p(d)(4)(A).
7.2β7.5 Gender and number; headings for reference only; severability; and conflict with law β statutory and regulatory requirements shall control, and this Trust shall be deemed amended to the minimum extent necessary to comply.
Article 8: Binding Effect
This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of Settlor, Beneficiary, and the Trustee.
Schedule A β Initial Trust Estate
Cash in the amount of $225,000.00, representing the gift made to Beneficiary by Settlor from Settlor's September 11th Victim Compensation Fund award, Claim No. VCF0110104, pursuant to the Gift Letter dated June 19, 2026, and to be deposited pursuant to the Authorization to Deposit VCF Funds dated June 23, 2026.
Any and all funds from the Social Security Administration made payable to or for the benefit of Sean Maurice Mayo (MAFO AABO).
Document Classification: Confidential Legal Instrument
Executed July 2026 Β· Notarized in New York and Arizona
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