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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117375
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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THIS LAWYER, SET UP A SPECIAL NEEDS TRUST ,,,WHY SPECIAL

Customer Question

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 INTERESTED IN GETTING HIS HANDS ON MY MONEY,,AND PLEASE DON'T THINK BAD OF ME FOR SAYING THIS,,,I AM 67 YEARS OLD VERY ABLE TO TAKE CARE OF MY SELF, AND INDEED I DO EVERYTHING FOR MYSELF,,I MAKE ALL OF MY DECISIONS,PAY MY BILLS, DRIVE WHERE I WANT TOGO,,,YOU KNOW I LIVE....NOW MY QUESTION IS CAN I FIRE THIS MAN,,,ALL OF THESE THINGS HAS BEEN GOING ON OVER A YEAR. THANK YOU SO VERY MUCH,,,GODBLESS "YOU"
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are not disabled and not in need to protect the funds for your disability benefits I do not know why he would have done this, but it is quite likely malpractice. You are going to have to seek out another attorney though to pursue the attorney for malpractice and self dealing and have him removed from being trustee AS WELL AS seeking money damages from him for his improper trust creation and having to get it undone and done correctly. You also can file a complaint with the WV bar against him for self dealing and they will investigate and potentially disbar him.
If all you were looking to do is protect your assets, but have access to them, then a regular irrevocable trust is all that is necessary and not a special needs trust and as such, you need to get to another local attorney to represent you and also file your complaint to the bar against him for his self dealing in your case and sue for malpractice.