Special Needs Trust Still In Limbo After A Year!

[Round_&_Round]

What is the name of your state (only U.S. law)? NJ




Well it's been a year and my Special Needs Trust hasn't gone to court yet!

My brother decided over a year ago to give up being the Trustee of it claiming that it was too stressful for him but did not explain any further.

He did find a Trust company to take over after it does go to court so there's no problem there.


I've been calling the lawyer about it's progress on and off but she never calls me back! Once in awhile she will call my brother with some information for me when I keep leaving her voice mails hoping for a reply but it's always the same answer! She keeps saying that even though it's the same judge that signed the papers transferring my brother as the Trustee after my Dad passed away 4 years ago but now he wants more info before he will allow it to go to court again.

The first problem was that my Dad never kept receipts when something was purchased for me with the Trust money but he still approved it to go to court so my brother could become the new Trustee. Now the judge is hesitating to have it go to court because he now wants receipts from my brother as Trustee but he says he's already sent them.

I find this explanation from my brother odd because he is quite vague when telling me this each time and his story sometimes changes.


I was wondering if there was anyway I could simply just write a note for the judge asking about what's actually happening instead?


I also wanted to tell him in the note that I've been desperately waiting for the Trust to finalize because I am in need of some medical equipment that my medical insurance doesn't cover!



So is this note a possibility? If not I would love to hear of any other suggestions!



Thanks!

 

[NIV]

Well it's been a year and my Special Needs Trust hasn't gone to court yet!

My brother decided over a year ago to give up being the Trustee of it claiming that it was too stressful for him but did not explain any further.

Did he petition the court for removal as trustee? Why did it have to go to court? Was there no set of provisions in the trust documents to appoint a successor trustee?

He did find a Trust company to take over after it does go to court so there's no problem there.

See if you can get a friend to embroider that on a t-shirt so you can remind yourself how you feel today. Many find institutional trustees to be problematical.

I've been calling the lawyer about it's progress on and off but she never calls me back! Once in awhile she will call my brother with some information for me when I keep leaving her voice mails hoping for a reply but it's always the same answer! She keeps saying that even though it's the same judge that signed the papers transferring my brother as the Trustee after my Dad passed away 4 years ago but now he wants more info before he will allow it to go to court again.

It is not your lawyer. She is the trust's lawyer and the trustee is the client. If you want to have some control of things you will need your own lawyer.

The first problem was that my Dad never kept receipts when something was purchased for me with the Trust money but he still approved it to go to court so my brother could become the new Trustee. Now the judge is hesitating to have it go to court because he now wants receipts from my brother as Trustee but he says he's already sent them.

It seems like there may have been a fiduciary breach somewhere down the line. The court is being careful because the beneficiary of a SNT may not be fully able to handle his affairs properly.

I find this explanation from my brother odd because he is quite vague when telling me this each time and his story sometimes changes.

One reason might be he did not handle things exactly correct. I don't claim he cheated you, but the trustee of an SNT often have reporting requirements, including to the courts (depending on situation). Courts don't accept they "lose" things and find the dog ate my homework not a good reason to fail in basic reporting duties.

I was wondering if there was anyway I could simply just write a note for the judge asking about what's actually happening instead?

While the level of your disability may cause the court to consider things, an ex parte communication is probably not going to happen. I suspect a note will have no effect.

I also wanted to tell him in the note that I've been desperately waiting for the Trust to finalize because I am in need of some medical equipment that my medical insurance doesn't cover!

I might see if you can get an attorney of your own. If you have actual needs that are not being met, you need a professional to put your concerns in front of the court.



So is this note a possibility? If not I would love to hear of any other suggestions!



Thanks![/QUOTE]

 

[Dandy Don]

Do NOT send a note to a judge, as that is against the rules. The judge is required to only look at information that is officially presented in court.

If you have not already looked at your special needs trust, then ask your brother for a copy of it.

You need to hire your own trust attorney for advice, even if it's just for a few hours of his/her time to review your trust and your situation. The trust almost surely had requirements about how the trustee was supposed to account for expenses, and you also need to ask your attorney if the trust has a provision in it that requires that a trustee's bond be purchased or whether the trustee's bond is exempt from being purchased.

 

[Round_&_Round]

Did he petition the court for removal as trustee? Why did it have to go to court? Was there no set of provisions in the trust documents to appoint a successor trustee?

See if you can get a friend to embroider that on a t-shirt so you can remind yourself how you feel today. Many find institutional trustees to be problematical.


It is not your lawyer. She is the trust's lawyer and the trustee is the client. If you want to have some control of things you will need your own lawyer.

It seems like there may have been a fiduciary breach somewhere down the line. The court is being careful because the beneficiary of a SNT may not be fully able to handle his affairs properly.

One reason might be he did not handle things exactly correct. I don't claim he cheated you, but the trustee of an SNT often have reporting requirements, including to the courts (depending on situation). Courts don't accept they "lose" things and find the dog ate my homework not a good reason to fail in basic reporting duties.

While the level of your disability may cause the court to consider things, an ex parte communication is probably not going to happen. I suspect a note will have no effect.

I might see if you can get an attorney of your own. If you have actual needs that are not being met, you need a professional to put your concerns in front of the court.



So is this note a possibility? If not I would love to hear of any other suggestions!



Thanks!

[/QUOTE]

Thank you for the advice, it's much appreciated but I can't afford a lawyer.

 

[Dandy Don]

Get a copy of the trust and then send a copy of it by mail or by email to several local attorneys, along with the questions you want to ask, and also explain that you can not afford an attorney at this time and that you are looking for someone who can possibly assist you pro-bono.

Hopefully one of the attorneys will be sympathetic enough to want to assist you in getting your situation resolved.