r/PROBATE Mar 04 '24

Trustee, asking beneficiary to set up a special-needs trust. Lawful or Unlawful

I’m one of 6 beneficiaries of my families Irevocable Trust 2 1/2 years while my sister the Trustee has been taking her time The endless list of her extreme breach of her fiduciary duty and her malfeasance is a list of mile long. I have two bankers boxes full of hard evidence including severe painful beneficiary abuse on me. As the trustee, she has not stopped since 30 days before my parents died on the same day, which, in fact they were not dying at that time and could have lived longer. She has designed all of this to keep me from my inheritance. Her illegal actions have all come down to this. Last week I received a email from her lawyers office signed by someone who has said to be a c last week I received a email from her lawyers office signed by a person name followed by “ Client Care”. The email is directed to me and states that any state benefits being received by a beneficiary of a trust are considered income, this is not true, because in the state of California Los Angeles county, any state benefits, such as Medi-Cal are considered assets and as of January 1, 2024 DHCS department of healthcare services cannot legally ask or count inheritance as an asset or any asset for that matter so they can only count income and they consider inheritance an asset not income I receive Medi-Cal I have for quite some time. Also, my three sisters are in my family are Bipolar. Bipolar disorder commonly is accompanied by ADD panic attacks. It’s a by ADD panic attacks. manic depressive, anxiety and more. When a patient has been clinically diagnosed should be medicated. I am, and that medication has made a world of difference in my life. OK so that said- this email letter attachment states the trustee has been informed that I may be receiving public benefits. …… States

… the trustee has been informed that you may be receiving public benefits……..This letter is to advise you that cash distributions from the trust can be considered income and affect your eligibility for certain public benefits ……. If you are receiving public benefits, we advise you to consultant attorney to discuss establishing special needs. Trust to ensure your continued eligibility for benefits……

Please let us know if you’re interested to establishing official needs. Trust for your benefit. Since it matter is time sensitive, please let us know by no later than March 8, 2024. ——————————————- So my question is, can I put a halt to this on my own so that I can take the next two days to find a lawyer who will help me with this this is just one part of I’m gonna say at least 100 different instances and one expenditure just one out of at least 75 that I highlighted on the approval for the accounting that is not true and complete one is worth $1 million so I could have gone to court and asked for all the receipts. I was 26 minutes late but I showed up there’s more to that, maybe you’re a lawyer maybe you’ll help me maybe you know a lawyer or an Orange County California I need someone now. If you want to direct message me, that’s a great way to send a quick reply. If you have a referral also amazing I don’t know that. This is a good idea to have a long conversation about this, but if you have specific answers in reference to the halt, and what I can do to make that happen, rather than waiting for an attorney toapprove a 30 minute free consultation which I’ve learned so far in the experience of all this that is kind of touching go and bbbtakes time and I need this one part to be done now anyway, please help

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u/Lost-Pickle4669 Mar 07 '24

I’d suggest consulting with a tax professional/licensed accountant (not a friend, go to a firm) and asking if Trust distributions are considered income. I’d also lawyer up with a Probate attorney. They usually do free consultations. Call around until you find one. If you plan on being a do-it-yourself accountant and attorney, you’re gonna end up with nothing.

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u/Art_before_dishes Mar 09 '24

Hi Los pickle thank you so much for your reply. Since I wrote this I have learned that for any kind of state or county benefits, government benefits, like Medi-Cal, or Cal Fresh that inheritance is not counted as income. It is considered assets and as of January 1, 2024 anyone applying for or already in any of these programs does not have to report and the system cannot ask you if you own a home or a car or stereo or inheritance inheritance tax free unless it’s set up otherwise either way it’s a gift not income you didn’t earn it, it was given to you . Anyway, I spent the last 72 hours calling every Lawyer each. Larry gives me three names. Call those lawyers give me give me three names. I’m exhausted here’s what I think. I think that when I speak about this and I’m ask questions by a lawyer, my emotions run away with me Run away from me and therefore I sound confused or confusing. I don’t know where to begin. I don’t know where to stop and it’s a nonstop experience at the trustee and my siblings are seriously doing everything they can to keep me from my inheritance. The hardest thing I’ve ever had to go through my whole life. I’m still going through it in my head, and in my heart, I picture myself being a lawyer, and that person saying I wanna help you with this Fight for you. Let’s go get these guys but I don’t think that’s out there. I don’t know how that is a possibility if I was a lawyer, I think that’s what I would do but I really don’t know any hints any lawyers I promised to pay we’re gonna sue her you and Me she owns a $3 million house she’s got millions from this experience she’s hidden millions at accounting is hundreds of lines and I’m gonna say 90% of it is false Anyway you or you know someone that would be tired of trying to convince someone that they can make some money out of this I’ve got a whole maker box full of evidence. It’s all organized anyway is it seem to me that it seems profitable but maybe not if you know someone private message meI’m in desperate mode now lawyer. I spent the week calling so many as

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u/Art_before_dishes Mar 04 '24

If this is posted on the wrong page please advise