If my mother set up a Special Needs Trust for me in her Will, is it possible to contest its unreasonably restrictive terms?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother set up a Special Needs Trust for me in her Will, is it possible to contest its unreasonably restrictive terms?

My mother set up a Special Needs Trust for me but the terms are so restrictive that in the end, it hardly helps me at all. I live in public housing, I’m legally disabled, and live on a monthly income of $762 a month. I am 64-years-old and the amount in the SNT is well over a quarter of a million dollars. According to the Will, I can never leave public housing and I can’t even use and I can’t use any of the Trust to buy groceries The lawyers keep asking me what my needs are, and when I say

Asked on May 11, 2018 under Estate Planning, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there are no grounds to challenge, modify, or invalidate a trust because you believe its terms unreasonably restrictive. Remember: you had no legal right whatsoever regarding this money--your mother did not have to set up the trust or leave it to you in any form whatsover (e.g. she could have given or left the money to others or to charity, or simply spent it). Since you have no inherent right to the money, your mother was free, if she wanted to give it to you or create a trust for your benefit, to put the money into any structure she wanted or put any rules or restrictions she chose on it. Be glad you have any assistance from this trust, when it would have been perfectly legal for you to have received nothing from your mother.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption