Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I have two children one is incompetent. I own a condo worth

Customer Question
around 75,000 and I have...
I have two children one is incompetent. I own a condo worth around 75,000 and I have a life policy of 100,000. What must I do to protect the little inheritance they are entitled to?Should I make my son (the competent one) the executor with the provision of dividing the assets fairly when I die?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
9/20/2015
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,030
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Hi there. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am regarding your situation with your daughter. I know this must be a difficult situation for you and I will definitely keep you in my prayers.

With respect to your specific question, I would set up a special needs trust for your daughter with your son as the successor trustee, should he desire to act in such capacity upon your death. You don't need to fund it with anything but a nominal amount now. Then, in your will leave your assets 50% to your son and 50% to this trust. With regard to your life insurance policy, name your son as 50% beneficiary and the trust f/b/o your daughter as 50% beneficiary. The trust agreement will provide that upon your daughters death, any remaining assets shall then be distributed to your son. This is a pretty standard trust and you should be able to get it drafted for you for $1000 or less.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,030
56,030 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard 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

5,488 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If someone that is receiving SS due to a Mental Illness
If someone that is receiving SS due to a Mental Illness Disability, realizes that an Estate that they were put in charge of is enabling them to have a home that is paid for and approx. $20,000 - $30,0… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
By hiring a cpa to handle the probate, does that protect my
by hiring a cpa to handle the probate, does that protect my ssi? Again this is a probate matter. Thank you… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I'm helping a man on SSI, Medicaid and food stamps in PA. He
I'm helping a man on SSI, Medicaid and food stamps in PA. He is inheriting a $13,000 annuity. He wants to use the money to pay upfront for rent for let's say 4 years in one lump sum. Will this be coun… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am the beneficiary of a special needs trust and my brother
I am the beneficiary of a special needs trust and my brother and sister are the trustees. They have never reported the trust activities to me, though I have asked repeatedly and they are mandated to d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I fell on my head April 8, 2009 and lived in two hospitals
I fell on my head April 8, 2009 and lived in two hospitals entirely until was released from my hospital living the day before my birthday on November 8, 2010. Question... I have a special needs trust … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
How does the Medicaid 5-year look-back period work for
How does the Medicaid 5-year look-back period work for irrevocable trusts? From what I can find in my web searches, I can't see how it works any differently than a revocable trust, but I've always hea… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
This is to find out whether I have legal redress regarding
Thank you. This is to find out whether I have legal redress regarding breach of fiduciary duty by my brother. He was appointed trustee of a special needs trust set up by my mother on my behalf. This w… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
A friend of mine wants to leave his girlfriend his home and
A friend of mine wants to leave his girlfriend his home and the home that she is living in , which is paid for by section 8 housing but he owns it. She's got 4 kids the youngest is nine. He thinks it … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I live in Georgia and am the sole beneficiary of my mother's
I live in Georgia and am the sole beneficiary of my mother's special needs trust. Is the trust exempt from medic AIDS five year look back rule if she has to enter a nursing home? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My wife's sister,, has a special needs trust. She has become
My wife's sister, Kathy, has a special needs trust. She has become increasingly psychologically and physically disabled. She inherited her aunt Gen's mobile home (worth about $300k) and my wife, Carri… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This is regarding special needs trust: my mother passed away
This is regarding special needs trust: my mother passed away in february. There are 6 children. My oldest brother and i are co trustees and co executors. My mother left one third of the estate to me w… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I don't know if your service is included with the $47 fee I
I don't know if your service is included with the $47 fee I paid and received a brief answer from someone, a legal expert, then I see this box pop up . Do I ask you the same question? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I am hoping to get some guidance on a family situation. My
I am hoping to get some guidance on a family situation. My father-in-law passed away last week. My sister-in-law lived with him. She is on SSI. My father-in-law did not have a home or an estate of any… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have a question about special needs trusts. Florida, One
One was set up for my brother-in-law and I was wondering if it is possible for him as beneficiary to be able to contribute to it. … read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Can a Special Needs Trust Trustee change beneficiaries and
Can a Special Needs Trust Trustee change beneficiaries and the secondary beneficiaries of a Special Needs Trust by decanting it? In this case, the disabled primary beneficiary lives in CA, the Trustee… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am trustee for my special needs trust. Am I entitled an
I am trustee for my special needs trust. Am I entitled an allowance or money compensation from the trust?? Thank you… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
THIS LAWYER, SET UP A SPECIAL NEEDS TRUST ,,,WHY SPECIAL
THIS LAWYER, SET UP A SPECIAL NEEDS TRUST FOR ME,,,WHY SPECIAL NEEDS I DON'T HAVE A CLUE...BUT ANY WAY THIS IS WHAT HE SAID I NEEDED,,HE HASN'T DONE WHAT I HAVE ASK HIM TO DO,,IT SEEMS HEWAS ONLY INTE… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an irrevocable special needs trust be changed to secure
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… read more
Maverick
Maverick
Doctoral Degree
6,134 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