Legal Question in Wills and Trusts in Arizona
disablity and trust
Hi, I am disablity, I get evaluated every so many years. My problem is my mother whom I live with just reversed the mortgage on her home. There is a trust stating that my sister is to hold in trust for me, the home. I relize the mortgage has to be taken care of within a year after my mothers death. what other problems do I need to be aware of? If any. Does she also need to do a will along with the trust? Or is the trust sufficient?
Thank you
Sincerely,--name removed--Fortner
2 Answers from Attorneys
Re: disablity and trust
Your mother can create a "special needs trust" which will allow you to receive benefits from her estate without losing your disability. This needs to be drafted by an attorney who is familiear with these types of trusts. She would then need to place the house and other property in the trust, allowing for outright distribution to other heirs, such as your sister, as she desires, and the portion of the estate that is to go to you is placed in the special needs trust. That way you will not lose your disability and can enjoy benefits from your mother's estate as well. Your mother should consult with an attorney to get the details ironed out. I suspect her estate in not in good order at this time.
Good luck.
James D. Jenkins
Re: disablity and trust
The trust is sufficient if all of your mother's assets are entitled in the name of the trust. If you receive an inheritance, it may disqualify you from receiving the disability benefits you now receive.
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