Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 5 months ago
Ok, my name is***** had difficulty with your Live phone call option I will contact you today or you can contact me at(###) ###-####
Customer reply replied 5 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 5 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,842
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.

Ask Your Own Estate Law Question
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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 126,842
126,842 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. 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
Not estate planning...sorry. I do need to speak with a
not estate planning...sorry. I do need to speak with a lawyer about how my testamentary trust has and is being handled. I am very disappointed in my trustee. Everyone who knows the issue says that I s… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
There was a thing in my son's father's will that said the
There was a thing in my son's father's will that said the Trustee, his sister could have legal help if needed. Now, she did something bad, she was asked to resign and now the co-trustee is soul truste… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,407 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
8,350 satisfied customers
In Illinois, how does a Trustee legally recover the deceased
In Illinois, how does a Trustee legally recover the deceased Grantor's personal and/or Trust property being withheld or just being refused to be turned over to the Trustee; whether an heirloom or file… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
Could you go into a more detailed translation of what is
could you go into a more detailed translation of what is considered as "my benefit and needs" as referenced in your last response?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
The Trustee of which I am a beneficiary, withdrew from her
Hello. The Trustee of which I am a beneficiary, withdrew from her position because of impending removal of the court. On February 9,*****Ordered her withdrawn and appointed a Successor Trustee. The Su… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
Washington state: My sister and I are life beneficiaries of
Washington state: My sister and I are life beneficiaries of our parents testamentary trusts. The trustee has NOT documented any of his 3 years interim or annual accounting beyond dod. He is ignoring o… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A bank was sole trustee for a competent yet unsophisticated
A bank was sole trustee for a competent yet unsophisticated grantor. The bank sold a $4MM life insurance policy to the client and earned a $500K commission. An ILIT was established and the client live… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
What financial information is used to calculate the support
What financial information is used to calculate the support of a disabled minor child to maintain them in the usual and customary standard of living?… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
Re Trust filed in Ky in late 90s..1. Is the trustee required
Re Trust filed in Ky in late 90s..1. Is the trustee required to give an annual accounting to the court of income/expenses..2. I was told in Ky in the late 90s..there was a law/regulation against perpe… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Trust established 1996---Father died 1985---Mother became Trustee
Trust established 1996---Father died 1985---Mother became Trustee of estate--in the estate is property, cash, stocks, bonds, a small business and a Corporation in which their son is given the title of… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My son will be receiving money from his deceased fathers estate
My son will be receiving money from his deceased father's estate that will go into a trust that I believe in Texas is called an 867 Trust. Can you tell me what that is and what the guidelines are on s… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hello, My mother died in 1987, leaving the family home (which
Hello, My mother died in 1987, leaving the family home (which included a rental unit) and an account with approx. $70,000 in a Trust for my elder sister and myself. I was 16 when she passed, my sister… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
Settler died over six months ago leaving her estate, consisting
Settler died over six months ago leaving her estate, consisting of a rental property in Colorado and a home in Las Vegas, plus investment funds and personal property, to three children, one of which w… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My wife and I cashed in a trust that my mother in law left
My wife and I cashed in a trust that my mother in law left to my child to be kept in an interest bearing account until my child turns 18. Now the probate judge wants to see us. What kind of trouble ar… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
my father has a snt and the trustee was wells fargo they relieved
my father has a snt and the trustee was wells fargo they relieved themselves and now successor trustee is Ohana fiduaciary corp non profit trust started in 2003 my fATHER RECEIVED 100.00 FOR BIRTHDAY … read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
I hope I can explain this properly. My grandfather left my
I hope I can explain this properly. My grandfather left my mom's portion of his estate in trust for her to use during her life then it passes to us 3 kids (only in trust till we're 22 which is already… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
A living family trust states that the minimum number of trustees
A living family trust states that the minimum number of trustees is two, and that if there is only one beneficiary available to serve as trustee, that that person shall arrange for a corporate fiducia… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 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