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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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My grandmother died a year ago and left me money. My mother

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My grandmother died a year ago and left me money. My mother is the sole executor of my grandmother's trust and all of the trust has now been distributed. However, I admitted to my husband that I had a problem with prescription painpills in early February and voluntarily entered 12 week treatment program. I will be leaving and going back home next week. I guess it was bad timing on my part. I should have waited until after the trust was distributed until I admitted my addiction, just joking ! I am now finding out that my portion of the inheritance is the only money remaining in my grandmother's trust and my mother is trying to withhold the money from me and declare me legally incapacitated due to my drug addiction. I could really use some legal advice. I agree that a large sum of money should not be given to a recovering drug addict but this money could better the lives of my children and their future.

TMcJD :

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.

TMcJD :

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.

TMcJD :

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.

Customer:

I believe there is a clause in the trust that permits her to do as she wishes with the trust

TMcJD :

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.

Customer:

can she have me declared legally incapacitated without my knowledge?

TMcJD :

In any event, she could not likely get you declared incompetent or incapacitated as you have no completed a recovery program.

TMcJD :

No, you would be a defendant in any such court proceeding and would be required to receive notice.

Customer:

do i have a legal right to a copy of the trust?

TMcJD :

A trust may allow a trustee wide discretion in how things are handled but keeping a beneficiary from receiving money -- no probably not.

TMcJD :

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.

Customer:

what type of lawyer would be best for me to hire?

TMcJD :

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.

TMcJD :

You need a trust/estate attorney.

TMcJD :

www.martindale.com is a very good website that you could use to locate local counsel for assistance.

Customer:

any recs for one in charleston, sc?

TMcJD :

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.

Customer:

as the sole executor, can she put limits as to when i receive the inheritance and how much i receive at what intervals?

TMcJD :

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.

TMcJD :

Upon a quick review of the trust, an attorney could quickly tell you if you could demand distribution.

TMcJD :

I would be surprised if you did not have that right.

Customer:

You mean the right to demand a distribution?

TMcJD :

Yes, the right to demand distribution.

TMcJD :

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!

Customer:

Thank you ! How do I save a copy of this?

TMcJD :

The best way I know is to copy and then paste into a word or other word processing software document.

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