Legal Question in Wills and Trusts in New York
finding out about wills
hi i am on ssi and medicaid,my mother is not well and does not have long to live ,she has a will and is leaving everything to my aunt ,my aunt is supposed to give me a very small amount of money each month ,but i am not happy with this agreement ,is there anything i can do to chang it ? if something happens to my aunt it goes to her sister and then to that sisters daughter,none of them have to give me a dime even though it is my mothers wish ,but i am sure i am not going to get what should be mine . what can i do ,and how can i see the will ? thanks
2 Answers from Attorneys
Re: finding out about wills
Your mother's Will can place the gift she intends that you receive into a so-called special needs trust.
The trust fund distributes to you such amounts which you may need but which will not diminish any benefits you receive from SSI and medicaid.
Your government support will be maintained, the flow of money to you will be assured and the amount remaining can go to your mother's closest.
Its a bit complex and your mother should seek advice from a lawyer and have a lawyer prepare the document.
Re: finding out about wills
If your mother is competent, she could revise her Will to create a "special needs" trust for you. This would allow you to get periodic funds, as needed, to cover things not provided for under SSI and medicaid, yet not disqualify you for medicaid. I can assist you if your mother is willing to do this. She must select someone as a trustee for you, who will recognize your needs and provide you what you may need. This might not be someone in the family, since you question whether her sister and her family will honor both your mother's request and your needs.
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