• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

The best solution to the problem?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

diputs

Junior Member
I have been trying to figure out the best way to solve my problem. A sibling of mine has been paralized in an auto accident and the extended family are looking at ways to protect any assets that are either dontated or raised for her. Unfortunately she is still legally married even though they have been seperated for 10 years and they don't have any minor children. There is also the possibility that due to her involvement in the accident any assets may be sought by other parties for damages.

Basically is there a legal means that we can set up to administer assets that are donated that my sibling has no control over, thereby protecting them from any debtor's or dead beat husbands? Our long term goals are to try and provide her a home and accessable automobile but we are all worried that she may lose them.

Thank you
 


curb1

Senior Member
Firstly, there needs to be a divorce. What is keeping that from happening? Secondly, have the donations given to the caregiver, and not to her.
 

BlondiePB

Senior Member
Firstly, there needs to be a divorce. What is keeping that from happening? Secondly, have the donations given to the caregiver, and not to her.
Don't donations/fundraising monies have to be deposited in a Trust account for the beneficiary?
 
If you are talking about a Special Needs Trust, then that is for "special needs" folks..that is, people with special problems with governmental programs like SSI or MediCaid. What are the benefits she is getting? Did your sister work before she was disabled? Did she pay into FICA taxes thus does she recieve SSDI?

If she has SSDI, then she can have any amount of holdings and can have her own money and property without limit. If she never worked or barely worked, then she most likely did not pay into her FICA taxes and may be on SSI and she cannot have anymore than $2,000 of holdings at any given time. Find out first. Don't assume just because a person is on disability they have not paid into their social security. SSI is Supplemetnal Security Income which is a welfare program. SSDI is Social Security Disabilty Insurance which is insurance workers paid for. There is no need for a trust with SSDI.

If, due to her involvement in the car accident, she expects to have her finances attached for judgement, I don't know if that is the right thing to do... but there are Spendthrift Trusts for that which shelter holdings from creditors. There is a difference. Be certain to get proof of SSI before putting her under a SNT which may be totally unncessary, highly cumbersome, and extremly expensive to maintain.

I will add, the most independence a person can have, the better off they will feel about themselves and about what is left of their life after such a tragic situation.
 

BlondiePB

Senior Member
If you are talking about a Special Needs Trust, then that is for "special needs" folks..that is, people with special problems with governmental programs like SSI or MediCaid. What are the benefits she is getting? Did your sister work before she was disabled? Did she pay into FICA taxes thus does she recieve SSDI?

If she has SSDI, then she can have any amount of holdings and can have her own money and property without limit. If she never worked or barely worked, then she most likely did not pay into her FICA taxes and may be on SSI and she cannot have anymore than $2,000 of holdings at any given time. Find out first. Don't assume just because a person is on disability they have not paid into their social security. SSI is Supplemetnal Security Income which is a welfare program. SSDI is Social Security Disabilty Insurance which is insurance workers paid for. There is no need for a trust with SSDI.

If, due to her involvement in the car accident, she expects to have her finances attached for judgement, I don't know if that is the right thing to do... but there are Spendthrift Trusts for that which shelter holdings from creditors. There is a difference. Be certain to get proof of SSI before putting her under a SNT which may be totally unncessary, highly cumbersome, and extremly expensive to maintain.

I will add, the most independence a person can have, the better off they will feel about themselves and about what is left of their life after such a tragic situation.
Where did you see that the OP even mentioned any type of trust? :confused:

When there is a car accident, the defendent's assests are looked at by the plaintiff's attorney from the day of the accident.

As for me, I would have specified a SNT. IMO, the OP is looking for ways to commit fraud.
 
Where did you see that the OP even mentioned any type of trust? :confused:

When there is a car accident, the defendent's assests are looked at by the plaintiff's attorney from the day of the accident.

As for me, I would have specified a SNT. IMO, the OP is looking for ways to commit fraud.

The "OP" referenced her question based on her desire to find a "legal means...to administer assets." I did say, "I don't know if that is the right thing to do..." which means I am not condoning anything anywhere near fraud and never would.

Regarding a SNT, there are so many problems with them that they really should only be used as a very last resort and only with the benficiary's knowledge and blessing and approval as to whom the trustee will be.

Please tell me, since I am relatively new to forums, what does OP mean? And what does IMO mean?
 

BlondiePB

Senior Member
The "OP" referenced her question based on her desire to find a "legal means...to administer assets." I did say, "I don't know if that is the right thing to do..." which means I am not condoning anything anywhere near fraud and never would.

Regarding a SNT, there are so many problems with them that they really should only be used as a very last resort and only with the benficiary's knowledge and blessing and approval as to whom the trustee will be.

Please tell me, since I am relatively new to forums, what does OP mean? And what does IMO mean?
OP= Original Poster

IMO = In my opinion

Now that I re-read the first post by the OP, the OP is looking to commit fraud/conversion of assests.

A sibling of mine has been paralized in an auto accident and the extended family are looking at ways to protect any assets that are either dontated or raised for her.
T&H (that's your initials truthandhonor) this starts out as being very innocent. Why the heck would this family need to protect assests donated or raised for her? When there's a tragedy, we good folks donate money, etc. When there's a fundraising for a victim of whatever, a bank account must be opened, the funds must be put in trust for the benefit of the victim, and a trustee is appointed (typically a bank officer). When funds/donations are not done this way, it is not on the up-and-up legally here.
Unfortunately she is still legally married even though they have been seperated for 10 years and they don't have any minor children.
Though the OP is still married T&H, any donations/funds go to the established trust account and are earmarked for the care of the victim. All other assests will be settled in divorce court.
There is also the possibility that due to her involvement in the accident any assets may be sought by other parties for damages.
Here's the clincher for the fraud/conversion. This paralyzed victim is the one being sued for the car accident as it was her fault.

When you're replying to these posts, please just answer the OP's questions as best as possible rather than going into all kinds of scenarios. It's just best to ask the OP questions for clarification/needed info - including the name of the state that the OP deleted. My question was addressed to curb1 not the OP.

Lastly, there are fake threads posted in all sections. Arkie promised he would stop. He did for a little while. Arkie is really easy to spot.
 
Last edited:

diputs

Junior Member
OP= Original Poster

Now that I re-read the first post by the OP, the OP is looking to commit fraud/conversion of assests.


T&H (that's your initials truthandhonor) this starts out as being very innocent. Why the heck would this family need to protect assests donated or raised for her? When there's a tragedy, we good folks donate money, etc. When there's a fundraising for a victim of whatever, a bank account must be opened, the funds must be put in trust for the benefit of the victim, and a trustee is appointed (typically a bank officer). When funds/donations are not done this way, it is not on the up-and-up legally here.

Though the OP is still married T&H, any donations/funds go to the established trust account and are earmarked for the care of the victim. All other assests will be settled in divorce court.
Here's the clincher for the fraud/conversion. This paralyzed victim is the one being sued for the car accident as it was her fault.
First and foremost the reason I am posting the question in what I can only assume is a fairly knowledgable site is that I am trying to do the right thing legitimately. As for why I am asking about protecting donated assets is that I have no idea how the system works and for the past 6 months since the accident we (the family) have been constantly dealing with inept social workers and hospital staff that has constantly been giving bad information on not only her care but what can be done to help allow my sister to become somewhat self sufficient at some point in her life. One thing that most of her doctor's can agree on is that it is imparitive that we get her into an acute therapy center as soon as possible in order to allow her to regain use of her upper body that is not paralized. As she remained on a ventalator very a very long time and then developed a very large and sever bed sore she has not been a canidate for acute therapy and she has now used all of her acute Medicade days available to her. At this point her only chance of getting the accute therapy is to wait until July 1st 2009 when here acute days restart, have the blessing of organizations such as the brain and spinal cord, or pay for it ourselves. The BSC has been having trouble raising money in the current economy and it is first come first serve when she is physically (bed sore healed) able to attend acute therapy. As for paying for it ourselves it will cost $2,000 a day for the therapy and the average length of stay is 3 weeks. This cost is why were are looking into trying to raise money for her and before anyone starts down another fraud road, I AM NOT ASKING FOR DONATIONS IN THIS FORUM!!! Only for information that can be used to help out in trying to LEGALLY ensure that any money raised can be used for the right purpose. I only mentioned the possible civil and matrimonial problems to help assist in finding out what type of trust, assuming a trust is the right way to go, would be best for our specific situation.

As my sister has been a waitress for many years her donation to social security has been minimal and she does not qualify for SSID. She also didn't think she needed the health insurance as her only time spent in the hospital was when she had her two children. She currently resides in a nursing home and I believe her monthly allowance is $35 but as my other sister is responsible for that aspect I am not positive.

As for the accident she is not being sued at this time for the accident but there are pending charges that have been put on hold for an unspecified period due to the responders finding marijuana (1 unlit joint) that evidently came out of her purse during the accident. The other individual conducted an illegal u-turn in front of my sister but due to the time of the accident, the fact that law enforcement did not arrive on scene until well after both parties were removed and that both parties have almost no assets to their names there was never any civil action aplied. Not being a lawyer, I have no idea if that can change in the future if somehow we were able to assist my sister financially in the future.

As for the divorce we have been told that in order for the divorce to be finalized she must appear in front of the court, which until just recently she has remained in the hospital due to her injuries and follow on issues. She is now allowed up to 2 hours a day in a wheel chair as they are attempting to get rid of bed sores that have developed since her accident. We have yet to figure out how to completet the divorce in this scenario.

My appologies if I sound a bit on the defensive but for the past 6 months my family and I have been on an emotional roller coaster and for the individual who claims that I am attempting fraud because we all know everyone is very giving and we would have no problems raising money if we are on the up and up, it is people such as yourselves that make it that much harder to actually find help when you really need it. I realize the world has plenty of con artists out there but it due to that fact that honest people have such a hard time actually finding help if they are not familiar with particulars of an area such as finance.
 

seniorjudge

Senior Member
As for the divorce we have been told that in order for the divorce to be finalized she must appear in front of the court, which until just recently she has remained in the hospital due to her injuries and follow on issues.

What state are you in?

I don't know of any state where this is the law.
 
Look into finding an attorney who specializes in Special Needs Trusts. The trust can be created by the siblings for the victim, or the victim herself. In other words, it can be self-funded. In your sister's case, it sounds like the family (siblings, parents) can create and fund this trust. If you want to set up a tax-deductable situation to recieve donations, ask the attorney about setting up a 501(c) 3 coroporation...(just another idea to look into, although Blondie may ignite if it didn't come form HER).

The reason why I suggest looking into a Special Needs Trust is BECAUSE of the key element: your sister is collecting SSI and/or Medicade because since she did not work and make enough money over a period of time to pay into her social security via FICA taxes so she does not get SSDI but she is now disabled. A disabled person may qualify for a SNT but only if they are collecting government benefits that they would lose if they held any assets. Upon the death of the victim, some or all of the assets in the SNT may be subject to "pay back" to SSI/Medicade That may be a legal way to raise funds for your needy family member who cannot get the medical care she needs not otherwise covered by Medicade.

Part of the problem with finding the way out of a crisis such as what your sister is experiencing is finding the right professional to come up with answers. Social workers are not always caring nor do they understand. An attorney versed in SNT and non-profit corporations may be able to help you. For those two seperate specialties, you may need two seperate attorneys. Don't be afraid to hire more than one attorney as it appears they have particular specialties much like doctors these days. The first meeting with an attorney may be gratis. Just ask in advance if the first consultation is free.

Google "Special Needs Alliance" for further information to become familiar with the laws and rules so you are better equiped to communicate with the attorney you interview and best wishes for your sister's recovery.
 

seniorjudge

Senior Member
Look into finding an attorney who specializes in Special Needs Trusts. The trust can be created by the siblings for the victim, or the victim herself. In other words, it can be self-funded. In your sister's case, it sounds like the family (siblings, parents) can create and fund this trust. If you want to set up a tax-deductable situation to recieve donations, ask the attorney about setting up a 501(c) 3 coroporation...(just another idea to look into, although Blondie may ignite if it didn't come form HER).

The reason why I suggest looking into a Special Needs Trust is BECAUSE of the key element: your sister is collecting SSI and/or Medicade because since she did not work and make enough money over a period of time to pay into her social security via FICA taxes so she does not get SSDI but she is now disabled. A disabled person may qualify for a SNT but only if they are collecting government benefits that they would lose if they held any assets. Upon the death of the victim, some or all of the assets in the SNT may be subject to "pay back" to SSI/Medicade That may be a legal way to raise funds for your needy family member who cannot get the medical care she needs not otherwise covered by Medicade.

Part of the problem with finding the way out of a crisis such as what your sister is experiencing is finding the right professional to come up with answers. Social workers are not always caring nor do they understand. An attorney versed in SNT and non-profit corporations may be able to help you. For those two seperate specialties, you may need two seperate attorneys. Don't be afraid to hire more than one attorney as it appears they have particular specialties much like doctors these days. The first meeting with an attorney may be gratis. Just ask in advance if the first consultation is free.

Google "Special Needs Alliance" for further information to become familiar with the laws and rules so you are better equiped to communicate with the attorney you interview and best wishes for your sister's recovery.
What makes you think our poster is in the United States? :confused:
 

BlondiePB

Senior Member
Arkie's amused too

Originally Posted by truthandhonor
If you want to set up a tax-deductable situation to recieve donations, ask the attorney about setting up a 501(c) 3 coroporation...(just another idea to look into, although Blondie may ignite if it didn't come form HER).
It takes a lot more than that to ignite my fire. On the contrary, I'm quite amused for YOU trying to light my fire. Thanks, but no thanks. :eek:

Dagwod will be just as amused. We both just love a good joke. :D

Furthermore, this is a LEGAL advice site NOT an illegal advice site. Should the OP live in the U.S., you just provided illegal advice regarding the 501(c) 3 corporation. :rolleyes:


From the IRS:

Inurement/Private Benefit - Charitable Organizations

A section 501(c)(3) organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests. No part of the net earnings of a section 501(c)(3) organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization.

I don't provide illegal advice or help posters with fraud.

Please tell us all what state the OP lives in T&H. The OP has been back, read that we want to know, but hasn't even answered THAT question. My crystal ball doesn't work well when the temperature is in the 90's.
 

BlondiePB

Senior Member
You totally misconstrue my analogy and I give no credense to your mean-spirited condescnding attacks.
Your analogies are not misconstrued, they keep changing. You're the only one doing the attacking. You're the only one violating the Terms and Conditions (aka TOS) of this site.
That you and your friend think the crisis situations people get in when their loved ones die or become infirmed and the ensuing issues, lay people trying to make head or tails out of complex laws..that you can sit there and laugh shows arrogance and insincerity.
The only thing I'm laughing at is YOU. How the heck can any of us assist without know the state that OP resides? What makes you think I can't help with this situation once the state is stated? Deleting the question that asks the name of the state is typically what one does when not from the U.S.
501c3? If you read it correctly, I did say to contact an attorney about it and have them review the matter. Perhaps you are suggesting an attorney would do something illegal.
If you knew a 501c3 was illegal for personal gain you wouldn't have posted that? :rolleyes:

You said yourself:
The "OP" referenced her question based on her desire to find a "legal means...to administer assets." I did say, "I don't know if that is the right thing to do..." which means I am not condoning anything anywhere near fraud and never would.
What's obvious is that you just provide incorrect/illegal info and to cover your butt, you state to see an attorney. What's obvious is that you're the one who didn't know a 501c3 is illegal to use for personal gain and just assumed that I didn't know that and would be ignited because it wasn't MY idea. :rolleyes:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top