Legal Question in Family Law in Kentucky
This is a complex questions but we need to know the best approach on how to handle the following situation. In 2003, my aunt suffered a brain aneurysm due to the negliciance of a local doctor leaving her mentally and physically disabled. In 2008, the lawsuit that her husband filed was finalized for a total of 850,000. 244,000 was awarded to her and was placed in a trust handled by the Center for Special Needs Trust in FL along with a annuity payment of 3,500. The husband was award 555,000. Lawyer fees were to be paid from the funds awarded. I left out the fact that the husband and the mother of the aunt were the caretaker of my aunt.. There was no nurse on the occassional trips to the doctor and physical therapists. The lawsuit was finalized in Dec. 2008 and funds were to begin distribuition. On Christmas, my aunt came to stay with her mother and well never left. My aunts husband whom had already had his girlfriend living with him for several months divorced my aunt. Leaving her with only the van which was handicap accessible, her clothing, and other personal items. He kept everything else. Now that she lives with the mother whose home is in no condition nor is it handicap accessible has know way to make the necessary changes to the home. THe trust is still in the husbands name so we cant submit for any payments from the changes to make the necessary changes and her monthly SSI check isn't enough once all of the medications and supplies are purchased. We don't know what to do, do we have a right to seek half of property fromt he ex-husband. We live in the state of KY. Please help, we want to ensure that she is taken care of to the best of our abilities but without the funds to do so we can't.. Please help
1 Answer from Attorneys
You are right that this is a complex question because there are actually a number of questions tied up within it. To begin unraveling it, an attorney would need to see the documents (trust, settlement, divorce, etc) involved. From that, a lawyer could look at whether one of the trusts can be attacked, whether the divorce settlement was equitable, whether there are some kind of fiduciary duties that are being breached and so on. I recommend you find a good lawyer and pay a little bit for a consultation because of how complex the situation is.