Legal Question in Wills and Trusts in Ohio

If a deceased person leaves his entire estate in trust to his mentally disabled adult son, can that trust be taken to satisfy debts left by the decedent?


Asked on 7/12/11, 6:27 pm

2 Answers from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

The answer depends on how the trust was set up. You should consult with an experienced probate attorney who can review the docuements and advise you as to the best way to proceed to protect as many assets as possible for his son.

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Answered on 7/13/11, 8:38 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

If it is a 'special needs' trust for the child, most likely, not. If you have the document or a copy, I suggest you have an attorney review it.

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Answered on 7/14/11, 6:15 am


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