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I have an extremely complicated question regarding Wills.
Try to break it down to brief nutshell:
My mother is insane and on Social Security Disability.
She recently became a ward of the state when her mother who had overseen her bill payment became incapacitated.
She and I havent talked directly in 11 years because she had a psychotic break and tried to kill me and I fled home.
I stayed in touch with her mother/my grandmother.
I have tried to work off and on but have suffered from PTSD.
Ive tried hard to keep wroking as much as possible though.
I moved back to my hometown earlier this year to be close to my Grandmother who got injured.
Her health took turn for worse. She always discussed everything with me.... from how she wanted to be cremated to exactly what her will stated.
She told me that her lawyer had been instructed to 'take care of me' with proceeeds from her will.
Sadly she trusted this lawyer to much.
Sh ewrote me checks at various times over last 10 years.

2007-12-20 13:25:59 · 2 answers · asked by Leea 1 in Politics & Government Law & Ethics

She was aware of her daughter's abuse of me and tried to help me out.
Looking back I shouldve sued my Mother for the abuse and cut off all contact.
My grandmother's lawyer was such scum he tried to make her sign papers against me stating that i embezzled the funds.
She was screaming on the telephone at me that he had gone nuts.
She refused to sign.
So i have very bad BLOOD towards this lawyer.
My grandmother died month later.
Her will states that Im to benefit from her estate but that it is at the sole discretion of her Trustee. Her trustee is the freaking lawyer who tried to ruin me.
I dont know what to do.
Should I try and sue to get him removed as trustee ?
Im sure that if I asked him for any money from my grandmother's estate he would deny me.
Also my insane mother caught wind that he isnt giving me anything and even she feels badly. but because she is ward of the state im sure she cant ask for me to receive anything.
Any ideas ? Ive tried googling answers in futility.

2007-12-20 13:30:57 · update #1

exact wording:
"Any income not distributed shall be accumulated and added to the principal, or, in the sole and absolute discretion of my Trustee, distributed, in whole or in part, to my granddaughter."

2007-12-20 13:33:33 · update #2

Oh sorry the other people named in the will are my mother and her two brothers.
I do not speak to them either because theyre angry alcoholics.
Yeah most dysfunctional family ever.
What I probably will do for peace of mind if just forget about the whole deal until they all die of old age
And then i get it.
The anger at this lawyer is eating me alive.
Cause i totally blame him for my grandmother being upset when she died.
i also was supposed to receive several pieces of furniture and he auctioned them off instead. (they were worth around 100k)
My grandmother was very bright but trusted this lawyer too much.

2007-12-20 13:57:02 · update #3

2 answers

This is a discretionary distribution provision. The trustee, in its sole discretion, may distribute to you or may refuse to distribute to you. This is not that unusual to see in a special needs trust.

I would be interested in seeing who the remainder beneficiary of the trust might be.

You are not going to win in this matter on your own. You will have to hire your own lawyer. About the only thing you can hang your hat on is the possibility that the lawyer may be abusing his discretion, and that might be difficult to prove. If the lawyer is a good trustee, he will be documenting everything he does to make a record to show that he has not been abusing his discretion. The ultimate determiner will be the Orphans Court, surrogate court, or whatever probate court in your county that has jurisdiction of trusts.

2007-12-20 13:49:49 · answer #1 · answered by Mark 7 · 1 0

Get a lawyer of your own asap. You should not be at the mercy of this lawyer. Alot of lawyers will take a case on contingency and you wont have to pay him until you get your money. Dont wait, get a good lawyer.

2007-12-20 21:49:39 · answer #2 · answered by canam 7 · 1 0

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