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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Section 142 special needs trust that was established when my

Customer Question

Section 142 special needs trust that was established when my daughter was 4 From malpractice lawsuit. She now 24
JA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: At the time of settlementcat age 4 Valerie was still in diapers not talking need much therapy speech motor etc.. Had seizures. She is now 24 and has worked at Goodwill for 5 years previously she worked at daycare as teacher as st with 2 to 4 he olds. She does everything on her own. Baths washes hair dressed herself warms good washes clothes. Only thing she can't do is read a book. She site reads. She can read a menu. She does text and has a Facebook and her own cell phone. She can pay for stuff but needs help with to give a 20 Bill or 10 Bill and if she suppose to get money back. But if a calculator she can know.
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: I need to know if she is still considered incapacitated? In trust court papers it reads" when court determines that the beneficiary has regained capacity and no longer incapacitated person, as defined in texas property 142.007, trust shall terminate; Provided however that if beneficiary has not reached 25 upon regaining capacity; the trust shall not terminate until beneficiary reached w5 years old"
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Customer: So my question is does it terminate when she reached 25 automatically or does she have to be seemed not incapacitated for her to get money at 25?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Infolawyer replied 6 months ago.
to clarify, the trust calls for her to get it at 25? what does the trust provide for her to get it earlier? that she not be incapacitated?
Expert:  Infolawyer replied 6 months ago.
awaiting your reply, thanks.

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