Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
My 18 yr old son...
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 My aunt originally made me the trustee but in her final years she thought my stepmother, after the death of my father as the first trustee, would be a better candidate due to me being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: 3 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 hours by:
6/29/2015
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 22,774
Experience: B.A.; M.B.A.; J.D.
Verified
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
What is your question?
Ask Your Own Estate Law Question
Customer reply replied 3 years ago
See above?
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3,170
3,170 Satisfied Customers
Experience: Wills, Trusts, Probate & other Estate Matters

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My stepmom passed away in May and is having my sisters and
My stepmom passed away in May and is having my sisters and my inheritance put into a sub trust with my brothers as the trustee and her two sons as the beneficiaries. My brothers and her sons are getti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Before my dad passed away, he was an household employer who
Before my dad passed away, he was an household employer who was taking care of his second wife (my stepmom) with home healthcare aides. After his death, two home healthcare aides are now suing his sur… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
22,774 satisfied customers
My stepmom is willing to deed her half of a jointly held
My stepmom is willing to deed her half of a jointly held property over to my dad's living trust (note: son is successor trustee) with the promise that she can use the home during her lifetime. Upon he… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
I need an estate and elder lawyer familiar with NYS laws. My
I need an estate and elder lawyer familiar with NYS laws. My parents set up a revocable trust with considerable assets that will be so far,divided between my brother(52) and I(54).It will turn irrevoc… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
My question has to do with inheritance and distribution from
My question has to do with inheritance and distribution from a trust when the holder of a usufruct dies. My only surviving grandmother-by marriage died in 2002. She left specified cash amounts to her … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
The last member of the oldest generation in our family is my
The last member of the oldest generation in our family is my ex-stepmother (she divorced my father before he died). She has one son (quite ill), and my father had my sister and me. My grandmother's tr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello. My father died and his wife (my stepmother) became
Hello. My father died and his wife (my stepmother) became his executor, trustee and beneficiary...Now things get complicated. My stepmother is my aunt..She was his late-brother' wife. Her daughter is … read more
socrateaser
socrateaser
1,031 satisfied customers
My 89 yr old father died 2 months ago and shortly after I get
My 89 yr old father died 2 months ago and shortly after I get a letter from my Dad and stepmothers attorney saying my brother and I get no inheritance at this time. The letter also says there is an am… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
What happens when there are two beneficaries in a will. The
What happens when there are two beneficaries in a will. The will was not Probated at the time of death. One of the beneficiaries dies before with will is Probated. Does the other beneficary receive ev… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my uncle is 92 yrs and his wife is 93. she is in a nursing
my uncle is 92 yrs and his wife is 93. she is in a nursing home and all the funds have been depleted. is there any way that their trust can be revoked and a home reverse mortgage take place?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I am one of 3 children listed as beneficiaries in the Trust
I am one of 3 children listed as beneficiaries in the Trust created by my deceased father and his wife. Brother#2 lived with my Stepmother in our family home which is the extent of the part of the tru… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My father passed away last year and was survived by his wife,
My father passed away last year and was survived by his wife, who passed away 14 months after my father. They left an irrevocable Trust, naming her son as Trustee. Upon the death of my father, the Tru… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
Could you tell me how much it would cost to find out the amount
Could you tell me how much it would cost to find out the amount of an estate left by my father and stepmother. He died over 10 years and she died in 2010.… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
When I inherit money from deceased Aunt and receving SSI since
When I inherit money from deceased Aunt and receving SSI since 2006 can I just choose to use some of it as supplement? Should I put it in a trust account. I guess I am to receive $200 k and 1/5 of a h… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My father died a year ago. My stepmother has been selling
My father died a year ago. My stepmother has been selling things without my knowledge. I am a 40 year old male. So, we do not live together. I have hired an attorney. This is the state of Louisiana. M… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
Dad died in 1999. Had 4 children,myself, my brother, my two
Dad died in 1999. Had 4 children,myself, my brother, my two half sisters. He had a wife, my stepmother. My Grandmother (his mother) died later in 2000/left behind a house which another grandchild live… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am the beneficiary (6 total equal beneficiaries) and executor
I am the beneficiary (6 total equal beneficiaries) and executor (1 of 2) of an irrevocable trust that holds real estate properties. My father died 3 years ago, my stepmother has onset dimentia. Her da… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers
How can we break, amend, whatever an irrevocable trust?
My stepmother wanted her kids to have everything and talked my dad into signing everything over to her one son and his wife. They expected my dad to die first, he''s 90, 91 this year, having had a fiv… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x