Estate Law Questions? Ask an Estate Lawyer.
Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.
A drug addiction is not generally something that renders you incompetent to the level where a court would find you incapacitated and appoint a guardian to stand over you. Plus, the trustee of the trust cannot withhold a distribution to you on the basis of a drug addiction unless the trust terms expressly provide that authority to her.
Trusts do sometimes contain such language, but it's not very common unless such a problem has been ongoing for many years and the creator/settlor of the trust anticipated needing to protect a beneficiary from him or herself.
I believe there is a clause in the trust that permits her to do as she wishes with the trust
In your case, I can't say with any certainty your rights under the trust because I have not seen the trust, but it sounds as though you are entitled to a distribution and she is trying to hold it up without a real legal ground to do so.
can she have me declared legally incapacitated without my knowledge?
In any event, she could not likely get you declared incompetent or incapacitated as you have no completed a recovery program.
No, you would be a defendant in any such court proceeding and would be required to receive notice.
do i have a legal right to a copy of the trust?
A trust may allow a trustee wide discretion in how things are handled but keeping a beneficiary from receiving money -- no probably not.
Yes, as a beneficiary of the trust you have a right to a copy of the trust and information concerning how she has handled the trust.
what type of lawyer would be best for me to hire?
If she will not provide that information, you can sue her in court to obtain that information. As part of the same court action, you could also sue her to force a distribution of your share to you.
You need a trust/estate attorney.
www.martindale.com is a very good website that you could use to locate local counsel for assistance.
any recs for one in charleston, sc?
No, I cannot make recommendations per JustAnswer rules, which is why I provide the martindale website reference to customers. I use that website myself when needing to associate with other attorneys on matters.
as the sole executor, can she put limits as to when i receive the inheritance and how much i receive at what intervals?
No, not if the trust requires a distribution to you at this time and does not allow her to hold property in further trust under certain circumstances which, again, is not unheard of but is not common.
Upon a quick review of the trust, an attorney could quickly tell you if you could demand distribution.
I would be surprised if you did not have that right.
You mean the right to demand a distribution?
Yes, the right to demand distribution.
If you need additional assistance, please let me know. If you do not need additional assistance, I would be grateful if you could please leave me a positive rating for my assistance. I cannot receive credit for my work without your positive rating. Thanks and have a great day!
Thank you ! How do I save a copy of this?
The best way I know is to copy and then paste into a word or other word processing software document.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).