Legal Question in Wills and Trusts in Texas

Family Trust for Retarted Brother

My husband and his sister are the legal guardians of their 40 year old brother who is in a state home. When the father made out the trust :a special need monies were put aside for the brother. The father also had apartments to which the retarted son was not to have any part of. The trust added him to this. He can make no decessions and is in a mental institution. Is there any legal way to have his name removed from the business part of the trust?


Asked on 6/01/07, 7:28 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Family Trust for Retarted Brother

A special needs trust is usually irrevocable, meaning its terms cannot be changed. Sometimes you can file a lawsuit in the District Court to have terms of a trust changed, but I'm not sure that would be appropriate here. The trustee may or may not have the power to take the apartments out of the trust.

This is a complicated problem, and if not handled properly, your brother in law may be disqualified from receiving state benefits.

Please contact a lawyer who is experienced in trust matters. You can find board certified estate planning and probate attorneys by looking on www.texasbar.com, going to the blue attorney search section, clicking on advanced, selecting the appropriate geographical area, and selecting "Estate Planning and Probate Law" under TBLS certifications.

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Answered on 6/02/07, 3:11 pm


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