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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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Can an irrevocable special needs trust be changed to secure

Customer Question

Can an irrevocable special needs trust be changed to secure a reverse mortgage which would allow my brother to remain in his deceased father's house where he has lived since his father's death 5 years ago and for the past 20+ years. When started, after my fathers death, the special needs trust for my brother included approximately $25,000 and my deceased father's house.
The trust only has about $2,000 left which means my brother would have to leave this home which he has lived in for the past 25 years. I am the trustee of this trust and am frantic at the prospect that my brother may have to vacate this house. He has a mental disability and I'm afraid that this may cause a mental breakdown which had occurred many years ago.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Maverick replied 4 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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1. Who created the trust and is that person still alive?

2. What do the terms of the trust say about terminating or amending the trust?

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