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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6851
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I need an estate and elder lawyer familiar with NYS laws. My

Customer Question

I need an estate and elder lawyer familiar with NYS laws. My parents set up a revocable trust with considerable assets that will be so far,divided between my brother(52) and I(54).It will turn irrevocable upon the passing of my Dad(90) because my mom(80) has started her medicaid look back period due to moderately severe arthritis. I have an almost 18 year old very bright son who does well in school, despite some learning disabilities and organizational difficulties, and am remarried almost 2 years after a divorce from a man who is very much interested in our son's future inheritance which will be considerable, even though my son doesn't realize that fact, although he aware that his Dad is not always a great person.. My father wants to protect my future inheritance from my ex-husband,future creditors/ accidents, and because I am just newly married and have a paid off house prior to marriage and money funded by my Dad as my inheritance, he feels my new husband is not entitled to this money, should something happen. He feels my new husband deserves a part of any assets we accumulate after marriage which so far, is extremely little due to my husband being chronically out of work and I work less than part time now, due to a chronic non life threatening chronic illness I get SSDI for, presently. I do not feel it would be fair to leave my new husband almost nothing should something happen to me, and my son gets practically everything. I agree my son should ultimately get most of everything, but want to set up a way my husband will get some money above what we have accumulate after marriage.As a side bar, in my fathers trust a special needs trust option for my son or me should we ever need it has been set up as well. I hope not to ever need it. Now, because of a real fear my ex husband will somehow get a chunk of my assets thru my son, my father feels that maybe my assets should be shielded in a trust as I am now revising my own trust, and that my brother maybe should be the trustee, which would mean in order to get my money I would have to request it from him the rest of my life. I am not happy I would have to do that and would like alternate scenarios so that I may not have to do that. Is it true upon my passing, that my new husband is entitled to 1/3 rd of my estate even if I put it in my own revocable living trust and my house bought prior to marriage and inheritance are from my Dad? Why isn't that protective enough to put my wishes in my own trust, according to advice I'm getting. Currently, it has been recommended to me that my fathers trust should be amended so that I don't get a lump sum settlement like my single brother with no children is getting, and that my inheritance money be continued in a trust that I am the beneficiary for, but not the trustee. I wanted to amend my own living trust, which currently is funded only by my home. I thought my inheritance and home would be protected enough in there. Advice has been given to me to put my home in an irrevocable trust giving my new husband Right of Occupency for the rest of his life and then to state the house will go to my son so that house bought from my family stays in our family. Its a two family house with a rental and I wonder how that would work? Who gets the rental money? I have been told my new husband could take one third of the money upon my death, even though my house and inheritance would be in my revocable living trust. That doesnt make sense to me as I said before because the house acquired before marriage and the inheritance money after marriage I would just add into my trust where I am the trustee and beneficiary. I even was thinking that I could ask my father to put his home in a separate trust for my son to lower my inheritance so the one third would be decreased going to my husband.I just wanted access to my money without going to my brother. If that must be what are ways to minimize that? I know my brother could set up automatic monthly deposits for me so I only need to go to him for bigger items. Any other ideas for that? Just really dont want to have to do that. I also want to protect my sons future assets and was thinking in my trust, to state my son if anything happens to me, must go to my brother as trustee for my son till he's 40 to approve spending of health, support, education, etc and that way his money could be protected as his Dad would be 78, when he had his freedom with his money. I was also thinking of setting up an automatic monthly distribution for him so he'd feel more independent to help with his monthly expenses. Back to my husband, if I must set up a trust with my brother as trustee, can I leave an additional lump sum for him somehow. How should this all be legally set up, should there be trusts and subtrusts necessary, how can I have better access to my money in the future, and how can I make sure my son and husband will be fine in the best way? Thank you
Submitted: 9 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. Ultimately, it sounds like your dad does not want his money to either go to your ex-husband or new husband. If your dad is competent, he can choose what to do with his money. If he wants to create a trust for you, he can do it. Possibly, you can approach your Father and explain to him that you think your new husband should get something upon your death. Possibly, your Father could put some money in the trust as he wishes and provide you with a small lump sum outright. Your other issues stem around the fact that your dad does not want your ex and current spouse access to his money. So, see if you can compromise with him.

Customer: replied 9 months ago.
This is not an acceptable answer at all and I cannot pay for this short answer. If you want to give me a detailed answer in the next few minutes, then I will not request my money back. Thank you.
Expert:  Damien Bosco replied 9 months ago.

Can you stream line your questions? I got the facts and gave you the bot***** *****ne answer. Also, if you want, we can speak on the phone so you can ask all your follow up questions. If you want, I can send you the additional service offer.

Customer: replied 9 months ago.
Please switch me to another estate lawyer who has the time to answer my detailed question with a detailed answer. I called and they said my 56 dollars would apply. Thank you. Please let me know you have done this since I need a timely answer but make sure the expert is an estate not family lawyer. I know you are an estate lawyer. Thank you.
Expert:  Damien Bosco replied 9 months ago.

Done.

Expert:  Irwin Law replied 9 months ago.

Hello. Another expert here and I will try to assist with your question; however, you provide many facts and events that you are aware of. We can't respond to your opinions about those events and the people involved. This forum works best if you state specific key facts clearly and ask questions about those facts. I look forward to assisting you, but please keep in mind that there are no pat answers I family estate planning. It is a highly fact and personality sensitive area, and we cannot judge the personality issues. Also, please tell me what state you are living in.

Customer: replied 9 months ago.
I guess you feel my email is too long and both of you dont want to answer me or take the time to review it. There was issues discussed and questions asked. I never asked you to judge personality issues. I will call and ask for my money back.