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beneficiary question

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racenutalways

Junior Member
Need 2 paragraphs explained to me in easy to understand English, like baby talk.

My son, XXXXXXXXX's, support, benefit and maintenance are my primary concerns, and my Estate Trustee shall not be required to maintain an even hand between my son, XXXXXXX, and other beneficiaries of my Estate." Does this entitle me to uneven share? should I ask for more?

It is my wish, although I do not direct, that in exercising his discretions for my son, XXXXX, my estate trustee should provide extra comforts and amenities of life for my son, XXXXXXXX, without, to the extent reasonable under the circumstances, impairing benefits he might receive from other sources, including government sources".
I am disabled and require special needs to accommodate my illness.

Any advice would be appreciated, the lawyers aren't returning my emails 1 1/2 weeks later, 3 emails no response, just the run around, please help.
 


Need 2 paragraphs explained to me in easy to understand English, like baby talk.

My son, XXXXXXXXX's, support, benefit and maintenance are my primary concerns, and my Estate Trustee shall not be required to maintain an even hand between my son, XXXXXXX, and other beneficiaries of my Estate." Does this entitle me to uneven share? should I ask for more?
My son X's, support/welfare/quality of life is my top concern. The person managing my estate is not required to make sure everyone gets an even share. For example, if X requires assistance which results in Y receiving less of a share, this is okay. Thus, to your question, theoretically X could get more of a share than the other people who benefit in the document. As for asking for more of a share, that is a question only your attorney can answer.

It is my wish, although I do not direct, that in exercising his discretions for my son, XXXXX, my estate trustee should provide extra comforts and amenities of life for my son, XXXXXXXX, without, to the extent reasonable under the circumstances, impairing benefits he might receive from other sources, including government sources".
I am disabled and require special needs to accommodate my illness.
Without knowing the state that you reside or reading the entire document, this is a more difficult paragraph to attempt to translate. Loosely, the provision means: I hope the person managing my estate will provide extra support for my son X within reason. However, it appears that this isn't a direction to the person managing the estate, but more of a suggestion?

Obviously, do not substitute my interpretation for that of your attorney's whenever he/she gets back to you. However, it appears from the language provided that the person who had this document prepared wants X cared for after his/her passing.
 

commentator

Senior Member
Are you by any chance receiving SSI due to your disability? if so, any monies you receive will definitely affect your eligibility, as is noted in the document. Be very sure you report it to your SSI administrators. Three and a half weeks isn't a really long time, and you need to keep working with the attorney instead of demanding answers.
 

racenutalways

Junior Member
Yes I am on gov't disability, and yes I have contacted them, I can use the money towards primary home and/or vehicle without being disqualified.
 

tranquility

Senior Member
This is something best for an attorney in your state with access to all the facts including the trust/will. As a warning, no such instrument can be read in parts, it all must be read in whole. All the parts combine to make the wish of the (probably) now deceased. His wishes will never be considered the result of a single paragraph. With the disability issues, that makes the problem much harder. While the OP thinks home or vehicle are allowed, it would greatly depend on how the instrument is written. (This type of writing is where lawyers make the big bucks.)
 

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