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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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My 18 yr old son was just approved , my aunt left him

Customer Question

My 18 yr old son was just approved for SSI, my aunt left him a regular inheritance to be received at 25. A special needs trust was not set up. My son was diagnosed with ADHD and learning disabilities but because of medical neglect and emotional abuse from family court failures and more, he is really struggling and is in need of much medical damage control IF he is to now be able to have even a chance at a semi-independent life. My aunt originally made me the trustee but in her final years she thought my stepmother, after the death of my father as the first trustee, would be a better candidate due to me being in another state. My ex took all that I had (30K) and I have nothing to raise my son on even though he has been with me one full year without Dad being in the picture at all. We both are on welfare. My problem is two-fold.
One being that soon after my father's death my stepmom breached her fiduciary duties against the directives of the trust and against me a a beneficiary, and ceased all communication with me even though there are my two sons involved. I was not able to find an estate attorney in her county so I am left unable to protect my aunt AND my father's estates per there wishes.
Two is that I am concerned my son, without a special needs trusts, will become ineligible or that my son's inheritance will be depleted by sending in the trust paperwork to Human Services and Social Security. I am not working, spending all my time helping him and trying to get my life back and being treated for PTSD after ten years of my undoing by my ex and his attorney.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
What is your question?
Customer: replied 2 years ago.
See above?