We live in Washington State. My step mom is incapacitated with Alzihimers. No Will can be made for her. My fathers will was suppose to have a special needs trust for my step mom. However the attorney who did the will wrote it to say A Trust would be set up if mom was handicapped or incapacitated AND recieving state or federal benefits. She is not recieving any benefits. The attorney testified it was my fathers wishes there be a trust, the judge then said if you would have wrote it right there would have been a Trust.The estate has a value of 1.2 million dollars.
2006-10-08 15:51:04 · 12 answers · asked by captaincook_03 1 in Family & Relationships ➔ Other - Family & Relationships
Talk to a lawyer about a legal malpractice case against the trust attorney.
2006-10-10 15:02:09 · answer #1 · answered by Byron W 3 · 0⤊ 0⤋
Check with a lawyer in your state. You are not very clear on if the judge decided on a trust or not. There are several questions such as is she paying out of pocket for her care, are you sure there are no state benefits? Also there are several types of trusts out there. It sounds like you are speaking of a supplemental needs trust that is set up for folks who have disabilities and benefits, which means whatever is left in the trust when she dies goes back to the state...but if shes not on benefits then you are correct the money would be left to her next of kin- her legal children. If you were adopted then you have an equal say. If not, I would be prepared to have the conversation with her children, or get a lawyer to explore your rights.
2006-10-08 16:01:21 · answer #2 · answered by my1215boo 3 · 0⤊ 0⤋
You need to get your own lawyer's advice. However, sounds like you or your stepmom's child would have a case to get power of attorney in which case you could set up the trust, etc. If she dies intestate the estate would probably go to her child, but you would have a case to contest the will, especially with documented opinion, etc. from the attorney who handled your father's will. It could probably be proved that your dad did not intend on cutting you out of your appropriate inheritance.
2006-10-08 15:56:18 · answer #3 · answered by Deborah C 5 · 0⤊ 0⤋
You definnitly need legal counsel ,,,,And there is no guarantee even then,,,,, Unless there is a provision made for you in writing some where on some document,,,,, then her child or children are the legal but not necessarily rightful heirs ,,,,,, That's why it's so important that people with a sizable estate should have at least a living will ,,,,,,Your father not making proper arrangements or provisions for you is his mistake but it's you that has to pay for it ,,,,,,, So remember your children when you have them ,,,,, Hey ,,,, Yoda told you this ,,,,,, good luck
2006-10-08 16:15:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If she is incapacitated Then she should have a Power Of Attorney. That is the person you need to speak with.
2006-10-08 15:55:13 · answer #5 · answered by Val 6 · 0⤊ 0⤋
Your step-mothers child will recieve the funds because her child is the next living kin. My advice to you is to contest the will now before this escalates any worse than it has already become. Get yourself another lawyer, 1st visitations are usually free, explain your situation and go back to court to straighten this mess out immediately.
Good Luck
2006-10-08 15:55:51 · answer #6 · answered by mailbox1024 7 · 0⤊ 0⤋
See if you can get a power of attorney set up for your step mom. I'm not sure on WA state laws, but my dad did it for my grandparents when my g-dad had alzhimers and my g-ma had a few strokes where she couldn't make decisions.
2006-10-08 15:57:09 · answer #7 · answered by rcefstsfecr 1 · 0⤊ 0⤋
thats a tough one. I would think you would be an heir since you are her husbands daughter. if not, I would definitely contest the will. Now or when she passes away. By contesting the will, i think will tie the assets up, if her kids are decent maybe they will agree to split it with you rather than wait.
2006-10-08 16:11:20 · answer #8 · answered by hippieiam29 4 · 0⤊ 0⤋
Ideally it should be split equally, but then you better look out for other source of income too and start working towards building your own carrier and aim to earn more money then you would have got out of this will. you will be happy all by yourself.
2006-10-08 15:55:15 · answer #9 · answered by Ashok Chavda 3 · 1⤊ 0⤋
By leaving all his money to your stepmom, it's hers free and clear and goes to her child upon her death.
2006-10-08 15:54:26 · answer #10 · answered by phoenixheat 6 · 1⤊ 0⤋