| Here is a tough situation…read on:
READER QUESTION:
I’m a woman, age 65 and my father who passed away three years ago left me some money in a trust. I am so upset that I was not given an inheritance like my brothers and sisters; I am in a Special Needs Trust which pays for rent but gives me little else for clothes or vacations. I’d like to sue for this inheritance, is this possible?
MY RESPONSE:
This is a tough one for me to answer without more information. I do not know what your father was thinking nor do I know your situation. I have not read the trust. Furthermore, I am not an estate/trust litigator, so I have limited advice here.
Having said all that, here are some tips. As the beneficiary of a trust, you are entitled to see the trust and have it reviewed by an attorney of your choice. The language of the trust may be helpful. On the other hand, Special Needs Trusts are generally trusts that give the trustee full discretion to use the income and principal for your benefit…as long as it does not interfere with you receiving government benefits. The trustee would normally have the discretion to use the money to pay for almost anything…not by giving you the money, but by spending the money on your behalf. But note the word DISCRETION. The trust may very well allow the trustee to spend money on your behalf but they do not have to do so…it is at their discretion. Perhaps you can make a case that they are abusing their discretion and this is contrary to your father’s wishes. Tough case though.
I wish you luck and I hope this helps. |
