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I currently have a irrevocable trust that my father set up…

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Hello,My name is***** currently have...
Hello,My name is***** currently have a irrevocable trust that my father set up for me before he passed away. I have had several difficulties getting distributions since his passing, even though most of them have been for my business, which I understand isn't in the language. But even at times trying to get distributions for things that are in the language to compensate for income that I wasn't earning has been difficult in the past.So here is my question, I was just diagnosed with a very bad neurological disease that is similar to MS, and I am going to need a lot of help over the next couple of years, to get back to a physical condition that is going to allow me work pretty close to full time. I have already been to the Mayo Clinic for diagnosis. I am bed-ridden 90 percent of the time, and physical activity is out of the question because of the strain that it puts on my body. The doctors at Mayo suggested aquatic therapy to help with healing for pain, and to slow rehabilitate my body. My trust has over 1 Million dollars in it, and I think its a reasonable request to put in a small swimming pool for my rehabilitation. Like I said, I am constantly bed-ridden 90 percent of the time, and I cannot drive because my eyes are affected. Leaving my home to go places is already difficult, and I find this as a easier solution, and more economical over time. I will attach the highlights from my trust so you may interpret the language, and give me your opinion. Also I will be on an allowance soon, because I will be selling my business.Thanks
Barry
Submitted: 3 months ago.Category: Estate Law
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Answered in 1 minute by:
4/2/2018
Estate Lawyer: RayAnswers, Attorney replied 3 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,244
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 3 months ago

Barry get a note from the doctor about the need for the pool therapy and and a cost estimate.Then present all of this with a letter setting yout the medical need here and its legitimate.You may want to include in the estimate the cost for pool maintenance since you are a limited and will need someone to care for it.

The fact that you are bed bound supports the medical need for this to be in your residence so you have access. I would hope a trustee when given the totality of information of medical need and cost would approve this especially since there is a million dollars in the trust.T

This is something that say medicaid would not cover so it is reasonable to approve it.It is for your personal and medical needs and you have documented that in your request.

I appreciate the chance to help you today.Prayers to you with all.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 3 months ago
Here is the highlight from my trust, if you could review quickly and concur, I would appreciate it.
Estate Lawyer: RayAnswers, Attorney replied 3 months ago

Yes emphasize the health issues and need for it to be at your house as opposed to say a Y membership.

I think you have bonafide arguments here.You need to understand the reluctance of the trustee to spend money is based on their need to milk the trust in their fees for as long as they can do so.It is a conflict of interest, especially with banks or other institutions.

But here you can make a real strong medical argument and they may have to agree.It would help if your doctor would point out that because you are bed bound it is not feasible to use the Y or some other therapy places because transportation is a problem and access.

Try to cut off the possible outs with your requests.

Thanks

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Estate Lawyer: RayAnswers, Attorney replied 3 months ago

Barry here is a good sample letter for the doctor, I would try to complete as much of this as you can and send to doctor here.Thanks

https://www.incytecares.com/pdf/sample-letter-of-medical-necessity.pdf

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Customer reply replied 3 months ago
Language must be obeyed, correct ? I see the issue with not helping with my business as it isn’t in the language. I just know that it’s going to cost roughly 80k for me to live the next two years. Probably another 30k for the pool, and another 100k for school, if I decide to go to physicians assistant school after my body had made a decent recovery.
Estate Lawyer: RayAnswers, Attorney replied 3 months ago

Well you have to try here, if you can get the doctor letter it would be hard for them to say no.

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