Q: Florida. special needs trust signed in 1990 I have never been evaluated by Social Security or certified DISALED?
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a substantial trust. It is. for the three of us. Pivot. They are becoming increasingly controlling. They truly do not understand that in the will my father specifically stated things. He stated new furniture educational opportunity culturally vans vacation. The latest medical. domestic help when needed. Etc. Marsan's. It was in probate for like 12 Months. since they last glanced at it about a year ago. I think the term's irrevocable were misunderstood by me and them, I think. it in their minds means about them that they are irrevocable. I have since learned that is not the case. I thought irrevocable that way it means in real life. I've since learned which totally fits my father is it has a lot to do
A: You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as stated in the Trust, regular and annual accountings, distributions in accordance with the terms of the Trust, etc. Irrevocable actually does not always mean Irrevocable for Trust purposes based on the circumstances and realities. You need to speak with an attorney in the state that governs this Trust for starters so that you can clarify your concerns and issues and see whether they can be addressed based on your needs.
A:
It may make sense for the trustee to disburse your portion of the trust into a separate 3rd party special needs trust for your benefit. Florida law specifically allows this even in an irrevocable trust setting.
As the prior attorney explained, the existing trust would need to be reviewed to go into more detail.
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