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My son was a delaware state trooper who was killed on 4 26…

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My son was a...

My son was a delaware state trooper who was killed on 4 26 17. Cpl Stephen Ballard. A trust fund was taken up by the public. But only was given to his wife. She refuse to share with his parents. Trust fund was over 2.5 million dollars. Are we entitled as his living parents. His wife has a 5 year old daughter by boxing promoter Butch Lewis.

Lawyer's Assistant: What documents or supporting evidence do you have?

The delaware state police union put the funds in a bank account that she set up.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, the wife has a trust fund already for her daughter from the lewis family. Wife name is***** found out how much of an opportunist she is, when I notice how she lied about not receiving the funds that was taken up for the family. She only knew my son for 4 in a half years.

Submitted: 6 months ago.Category: Estate Law
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Customer reply replied 6 months ago
She decided that the only family is her daughter who is no blood of my only son. Her mother andher self. She had my son working to help pay for their home. His name is ***** ***** on the deed. And she took out a deed of trust 2 months after the home was purchased. But my son work hard to help pay for the home she has her mother living in as well.
Customer reply replied 6 months ago
She is traveling and living a life of luxury will, as his father mourns the lost of my only son. The State Troopers Department told me that the state only reconize his wife as family. I refuse to believe this. We as his parents gave him life.
Customer reply replied 6 months ago
This isnt about money. Its about a woman who thinks she can go through life living a life of luxry off of other people lost of a love one. And her mother is always next to her and by her side in every photo, and news event pertaining to my son.
Answered in 1 hour by:
11/22/2017
Estate Lawyer: Marsha411JD, Attorney replied 6 months ago
Marsha411JD
Marsha411JD, Attorney
Category: Estate Law
Satisfied Customers: 20,875
Experience: Licensed Attorney with 29 yrs. exp. with Estate Law issues
Verified

Hello,

Thank you for the information and your question and I am sorry to read about the loss of your son. I know all too well what kind of pain you might be going through, as I too had to bury my son. However, from a legal perspective in terms of the trust, who takes under it should be defined in the trust itself. Normally, these kind of trusts are set up to go to the surviving spouse and any "issue" (children) of the deceased. They can be set up broader to include anyone who could be considered an heir under the intestate succession laws of Delaware, which would include surviving parents. However, that would be more unusual. Again, they are generally set up for a specific named person or relation. Without reading the trust, no one can give you an opinion if you might have rights under the trust. I would highly recommend that you sit down with a local estate law attorney who can get access to the trust paperwork and give you an informed legal opinion about your rights. It would be worth the time and small expense.

Also, if your son did not have a Will, then under the intestate succession laws, you would be entitled to a portion of any other property or assets that he had outside of the trust. Under Delaware intestate succession law this is what the spouse is entitled to in this case (assuming that the child was not adopted by your son), and the rest goes to you as his parents:

...If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;...

Again thought this assumes he passed without a Will and does not cover the trust assets.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer by letting me know I covered your question and also leave a positive rating in the ratings box on this page of my efforts to provide the information relevant to your issue, then the Site will give me credit for assisting you today. Thank you

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Estate Lawyer: Marsha411JD, Attorney replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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