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Supplemental Needs Trust and my story

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netdiver

Junior Member
What is the name of your state (only U.S. law)? Massachusetts.

In the summer of 2006 my mother was diagnosed with pancreatic cancer. It was devastating. I was 21 at the time. I had a job, some good friends, and a girlfriend. Life was pretty stable at the time until it hit. I went full time to taking care of her with all my strength. She passed in the fall of that year. It was pure hell on me as she is/was my only real family member.

Myself, I have always had issues with bad insomnia and extreme panic attacks/anxiety. Prior I had been hospitalized about 4 times between age 16-17. I was doing alright at the time until the ordeal happened. Her nieces swooped in like rats from my perspective. They act as if they were doing the greater good. They invaded her privacy and made her uncomfortable. But, I wont go into that much here.

She warned me about one of her nieces to be careful with what she would do. They’d invade the house everyday making things worse for my mother as well as myself. My attacks started coming again though I was strong enough to keep helping her. They’d treat both of us like dirt. They started already throwing things away in my house. Right in front of us. My mother was upset greatly. They made me go insane.

They got a lawyer to set up a Supplemental Needs Trust. My mother signed it with her hand literally held by one of her nieces. It happened so quick and I was so raddled and overwhelmed with it all. I had no time to think.

I quit work during all this. Mainly because my mom needed me there 24/7. I was filed on Social Security during this time so this trust could be set up. Shortly after my mom passed I couldn’t handle myself. Constant harassment from social workers and my so called family. They’d threaten to throw everything away in my own home and sell it off. They did just that. My friends and girlfriend abandoned me. I had no where to turn. Came close to death after a suicide attempt. I was in a hospital ICU with a tube down my throat for about a week. I was unconscious for about two days.

By that time I was deemed unsafe to return to my home. Though it was perfect for my family to throw away and sell everything. I never returned. I had to go through state social programs to live in group homes until I ended up paying rent to a friend and his family willing to help me out. That took over a year to get to that point. I still had no time to think. It was all gone. I’m 25 now.

I have great reason to believe from my experience and how everything was handled that my house and all the assets liquidated into this Supplemental Needs Trust is being misused by them and not in my best interest. What can I do? Is there any hope? I am only on a form of SSI. I have attempted to find lawyers and supposed advocate groups a few times. I’d get the run around every time. My youth seems like it just disappeared.
 


Dandy Don

Senior Member
Was your mother suffering from any type of disease that would have affected her mental capacity or taking medications that would have affected that capacity? The time you should have gotten legal help was when you first saw that she was signing under duress--now it may be too late.

If you can't find a family law attorney/elder law attorney or attorney who is experienced with special needs trust to take your case, contact your local social services agency to see if they have any recommendations. This appears to be undue influence but it can be difficult to prove your case.
 

netdiver

Junior Member
Was your mother suffering from any type of disease that would have affected her mental capacity or taking medications that would have affected that capacity? The time you should have gotten legal help was when you first saw that she was signing under duress--now it may be too late.

If you can't find a family law attorney/elder law attorney or attorney who is experienced with special needs trust to take your case, contact your local social services agency to see if they have any recommendations. This appears to be undue influence but it can be difficult to prove your case.
She was under the influence of many pain killers and other powerful medication. Like I said I've tried a few advocate attorney offices and even the state bar association which provides social services supposedly. I got the run around every time. The lawyer who wrote the legal documents for the SNT (which I finally managed to get a hold a copy of) is still on for paper work until sometime in 2012. So far my mom's niece, the trustee has been in a very stand off mood. I have also found out when she did forward me an item supposedly covered under the document in 2007. That she used her credit card and recharged it back with the money from the account of the trust. I have done some research on this and found out that it is quite possibly very illegal. Would it be a good idea to contact the attorney who wrote and still handles the trust?
 
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Dandy Don

Senior Member
No, that would not be a good idea.

You need your own attorney to represent your interests. You have a better chance of getting one if you can give him/her some idea of how much money you expect to win if you bring a case. If it is a small amount of money, you may have a harder time trying to find someone to represent you.
 

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