help me Dandy!

[damnclassybroad]

What is the name of your state?AZ

I need to write a petition for the court that objects to the trustee being given sole discretion of payments made to or on behalf of a beneficiary. I need to know how to word this petition so the adult beneficiary not be denied any request made by any other reasonable man of his age.
(For example if the beneficiary requested to have cable installed and wanted all premium stations the trustee could not deny or limit his request.
The beneficiary should have a say in how the money is spent.) And that the court give the beneficiary a means of challanging any decision made by the trustee.

Please help I cant afford a lawyer and I need to know legal jargon to get this point across.

 

[BlondiePB]

What is the name of your state?AZ

I need to write a petition for the court that objects to the trustee being given sole discretion of payments made to or on behalf of a beneficiary. I need to know how to word this petition so the adult beneficiary not be denied any request made by any other reasonable man of his age.
(For example if the beneficiary requested to have cable installed and wanted all premium stations the trustee could not deny or limit his request.
The beneficiary should have a say in how the money is spent.) And that the court give the beneficiary a means of challanging any decision made by the trustee.

Please help I cant afford a lawyer and I need to know legal jargon to get this point across.

What is your legal authority to do this on behalf of the beneficiary?

 

[JETX]

Since 'DandyDunce' is a complete legal idiot.... I am waiting to see what ignorance he offers on this one!!
Or more likely.... he will just ignore this thread as it would show him as he really is..... a legally 'challenged' person who can only ask irrelevant questions without providing any REAL answers.

 

[damnclassybroad]

Wll your reply sure helped a lot. It sure shows your legal skills. At least Dandy Don doesn't waste peoples time.

By the way my legal authority to do this is based in the fact that I was the one who exposed the trustee for taking personal loans from the trust and I too am a beneficiary. I'm challanging a petition the trustee filed to get sole discretionary power pertaining to exspenses paid for my disabled brother. If you have any words of wisdom share them if not I do not have the time to waste with the childish antics some members of this forum insist on partaking in. When I first registered here this was a respecatable sight. Unfortunately that respect is diminished by childish name calling and mudd slinging.

 

[BlondiePB]

Wll your reply sure helped a lot. It sure shows your legal skills. At least Dandy Don doesn't waste peoples time.

By the way my legal authority to do this is based in the fact that I was the one who exposed the trustee for taking personal loans from the trust and I too am a beneficiary. I'm challanging a petition the trustee filed to get sole discretionary power pertaining to exspenses paid for my disabled brother. If you have any words of wisdom share them if not I do not have the time to waste with the childish antics some members of this forum insist on partaking in. When I first registered here this was a respecatable sight. Unfortunately that respect is diminished by childish name calling and mudd slinging.

Who are you directing this reply to...JETX or me? I asked a very RELEVANT question.

Based on your answer, "By the way my legal authority to do this is based in the fact that I was the one who exposed the trustee for taking personal loans from the trust and I too am a beneficiary", YOU DO NOT HAVE THE LEGAL AUTHORITY TO ACT ON BEHALF OF THE OTHER BENEFICIARY, your disabled brother.

BTW, the attorneys that post on this forum do not have to go around and correct my fiduciary legal advice. Can I help you with your problems? Yes, but I don't know if I want to now.

 

[JETX]

BTW, the attorneys that post on this forum do not have to go around and correct my fiduciary legal advice.

Of course, nothing in my post was in reference to you....

Can I help you with your problems? Yes, but I don't know if I want to now.

I agree. Since the writer specifically asked for 'Dandy Dunce'... I am waiting to see if/when he responds. However, since the writer did ask for SPECIFIC assistance (and not of a general nature), I doubt that 'DD' will be here.
But, with her attitude, who cares if she gets ANY answer??
And even if 'DandyDunce' were to respond, I would probably leave his (likely) erroneous post alone. Let he find out his legal ignorance on her own... when she tries to follow his 'advice'.

 

[damnclassybroad]

I've followed his advice in the past and he was right so I have no problem relying on Don. Blondie my response was not aimed towards you only Jetx who I feel is wasting my time with his mud slinging. I am objecting to a petition by the trustee for sole discretionary power over his funds and because I am an interested person I DO have the right to act on behalf of myself and other beneficiaries.

 

[JETX]

And STILL no appearance by 'Dandy Dunce'........

 

[Dandy Don]

Thank you for your kind remarks, classybroad--I think I luv you, especially for standing up for the rights of your disabled relative.

Exactly how did you expose the fact that this trustee was making loans from the trust? Did the trustee make any documentation of the loans or how and when he was going to repay them?

This is NOT a do-it-yourself project. You need to be consulting with a trust attorney to find out whether what this trustee did was illegal or not--it may constitute grounds for removal or replacement (the cost may be less than you think and it might be paid by the trust under certain conditions), or post your questions to lawguru.com where you are much more likely to receive a professional response and not be subjected to rude insults.

(1) For what reasons does the trust allow payments to the beneficiary?

(2) Has this trustee paid out any money to the beneficiary?

(3) Has this trustee been required to post a trustee's bond to protect the financial interests of the beneficiary from theft or misconduct by the trustee?

Your attorney can also advise you on tactful, polite ways to request money from the trustee. Trustee has absolute discretion on approving and denying requests, so the more you make your request in accordance with the exact language that is used in the special needs trust, the more likely you are to be approved--you don't need to tell the exact, specific reason that the money will be used, for example, if the trust says money is allowed for general living expenses, then you say that the money will be used for general living expenses. Thus far it appears that the trustee has done nothing wrong--just because he said no is not truly a reason for you to be upset with him--he is only doing his job as authorized by law.

DANDY DON IN OKLAHOMA ([email protected])

 

[damnclassybroad]

The trustee was not required to post a bond.
My brother has not fulfilled the stipulations of the trust as it was written. There is no special needs trust. My father wrote the trust in 1990. My brother is on social security disability and the trustee has petitioned the court to allow her complete control over thw funds set aside for him so that she can disperse them as she sees fit. At the same time she is saying that while my brother id disabled he has no need for a guardian/ conservator. She wants to have the final say in how his money is spent. I objected to the petition and as a result the court appointed my brother a lawyer. I think things should be ok now. As always thanks for your help. Thanks for keeping this site somewhat proffessional. It is a shame to see a few people use it as their "playground" and make it harder for those who need sound advise to get it.

 

[BlondiePB]

damnclassybroad,
The members that read my posts know how I feel about the disabled and the incapcitated, including JETX and Dandy Don. They also know that I am a "stickler" about one's proper legal authorization to do things regarding the affairs of others -- which is no playground.

I am glad that you have "stood up" for your disabled brother, including your objection to what the Trustee is petitioning the court to do. It is obvious that the Trustee is trying to obtain control over matters that the Trustee has no right to do so, which is the say-so about the affairs of a disabled person that has not been declared incompetent to handle his/her own decisions regarding one's standard of living.

Your disabled brother having a court appointed attorney is exactly what is needed in this situation. The court appointed attorney represents your brother and no one else. It is likely that your disabled brother will be evaluated to determine whether or not he does require a guardian or conservator who would have the legal authorization to do what is necessary regarding the affairs of your disabled brother. This, conservator/guardian, is the type of legal authorization I was looking for in order to provide you with the proper legal and "sound advice" to handle this situation and is a very professional question to ask -- which is why that was my very first question.

I cannot fathom that the signature line for legal representative of your brother can be signed "damnclassybroad, interested party for ....." or be signed "damnclassybroad, I was the one who exposed the trustee for taking personal loans from the trust and I too am a beneficiary".

Why don't you hire your own attorney and petition to be your disabled brother's guardian/conservator? That way if you are appointed his legal guardian/conservator, you will have a legal say-so regarding the affairs of your disabled brother.

 

[Dandy Don]

So has this trustee ever made payments that got to the disabled brother?

It also looks like the trustee is not giving money out, even though your request was reasonable, because she fears that someone is going to find out about her unethical conduct of taking out loans from the trust--which is technically a breach of fiduciary duty, and as a result, out of spite, she is ingnoring any request you might make..

You need to get an attorney to ask the court to require this trustee to post a bond, and you ESPECIALLY need to inform the court about the loans that this trustee has made--who knows whether or not they will ever be repaid--that is essentially stealing from the trust and she needs to be replaced. Who knows what will happen when she gets her hands on the rest of the money? The advice from Blondie about gaining conservatorship/guardianship control is excellent and a family law attorney can advise you on that, or maybe the attorney assigned to your brother can advise you.

 

[damnclassybroad]

One year after the trust went into effect the trustee became my brothers guardian conservator then a year after that resigned saying he didnt need a guardian anymore. She had two doctors go on and on about his miraculous recovery. Unfortunately at the time he was talking to people who were not there. The trustee is my mother. She resigned as his conservator because of a conflict of interest stating that my bro was living in a trust owned home and destroying it so she could no longer be g?c Dont ask me how that got through the court since both issues were handled at once. Anyway she resigned and the court did not see to it that another guardian conservator be named. Now 6 years later bro is off drugs just had his fifth clean year aniversary but has not been able top benefit from the trust.

Here's a good one for you I have the trust accountant on tape with my mom and I saying that Bro's equity in the trust was charged 42000 dollars for things he did not recieve the benefit of. His lawyer doesn't even want to hear the tape. I have lost the little bit of faith I had left in out justice system . I do not know how I will ever teach my fifth graders about freedom and justice for all , ever again.