Legal Question in Wills and Trusts in California
''special needs'' trust
My mother put me in her will under a ''special needs trust'' and assigned a Trustee. She thought I'd be eligible for disability and to get a ''free ride'' from the govt. because I was diagnosed w/depression years ago. Didn't qualify for disability, and have no handicap. The will states that I have a ''substantial handicap'' that renders me incapable of taking care of myself. It's a lie. Mom didn't want the trust to make me ineligible for govt. assistance if/when I applied. I didn't apply. I'm working and have always worked. I do have a slight case of depression, but I deal with it. One way I deal with it, is by working for myself. I just re-vamped an old business that I had before because I got divorced and need the money for my child and me. I can't get the trustee to release any of my money and I need it, badly, for advertising. My daughter and I are struggling, horribly. The premise and purpose of the trust was that I needed and could get govt. assistance because of a disability or handicap. Does the fact that I have no handicap change anything about the terms of the trust? What are my rights? Do I have a right to see what's in the trust and keep track? Mom put this lie about me in the will. Is that libel/slander?
1 Answer from Attorneys
Re: ''special needs'' trust
The terms of the trust likely control over your ability to dissolve it or recieve dispersements from it. The trust terms also most likely control your right to review the trust assets, although the right to review is a common allowance in trusts. As far as libel/slander, almost definetly not. Since it is written, it would libel not slander, but since trusts are a private not public document you would have a hard time claiming any damages for a defamatory statement in a trust.
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