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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111600
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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1. My 36 year old son is mentally ill, is on social security

Customer Question

1. My 36 year old son is mentally ill, is on social security disability.
2. His father died last August.
3. How do I find out why Eric's trust, set up by his dad, has no money in it according to his dad's widow.
4. How do I find out what provisions his dad made for him in a will.
5. His dad bought him a condo to live in so he would not be homeless. The widow wants to sell the condo. How do I find out what rights my son has to the condo. Does she have a right to sell it out from under him?
6. My son wants to leave the Denver Mental Health Care system. How does he find a fiduciary to manage his money?
Submitted: 7 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your son and the surviving spouse are both heirs of the father's estate, absent a will to the contrary. You will need to get him an attorney, because you cannot represent him. If you believe the surviving spouse is financially abusing him and taking his money, you would be able to contact Adult Protection Services (not mental health) and report that she is taking assets from him as a disabled person and as such committing financial abuse of the disabled. (https://www.denvergov.org/content/denvergov/en/denver-human-services/protection-prevention/adult-protection-elder-abuse.html).
Those are your two options. Since you cannot represent him in legal matters and this would require an attorney to go to court to force filing of probate and objecting to him not receiving benefits of the estate and to stop her from selling the condo, you have to hire an attorney for him or you have to report financial abuse of the disabled to the Adult Protection Service.

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