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I'm a 37 old male. I originally had a structured settlement,

Customer Question
I'm a 37 old...

I'm a 37 old male. I originally had a structured settlement, but put it in a special needs trust fund. Things went sour with the county and my trustees from a fiduciary corporation. I was charged and plead to terroristic threat charges on my trustees. They were trying to deny me from using my special trust fund as it was intended for like groceries, vacation, furniture, etc. Im trying to get my structured settlement back so I can for medical expenses that built up from my Humana insurance in which my trustees won't cover, because of the trust. What are the odds of me getting my money set back into a structured settlement, and eliminate the special needs trust fund.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Minnesota

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

It's more verbal evidence. I use a credit card through my bank for expenses like grocery ,tobacco. I have to mail them receipts for every month and the credit card statement. Before the terroristic threat charges happened I was spending a good amount of money like $800 a month on dining out, groceries. But after all the charges happened the president of the company claims I have a spending budget in which is a total lie, the fiduciary corporation has to keep track of all expenses on credit card. I've been spending $800 every month b

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

I was spending $800 every month prior to the terroristic threats charges for 2 years

Submitted: 3 months ago.Category: Estate Law
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Customer reply replied 3 months ago
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Customer reply replied 3 months ago
I do have documentation of a monthly spending budget that was sent to me by the president of the fiduciary corporation. Entertainment-$175, Tobacco-$40, Clothing-$21.25, Grocery-$300, utilities-$111, Personal property purchases-$89.70, Household-$66.75. I live in a apartment complex, the only utilities I have to pay for is electricity bill.
Answered in 11 hours by:
3/15/2018
Estate Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,224
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They cannot just take away your settlement money. You would need to motion the court to remove the trustees and replace them with new trustees based on their breach of fiduciary duty to you and based on them denying you the right to access your funds.

I would suggest you get to a local attorney, because you are not going to fight these professional fiduciary companies on your own with their team of attorneys, but I would certainly take the case back to court filing a motion to replace trustee on the trust.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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