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About nottrustingtrustee

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  1. The check that was taken and cashed by someone else was for $300.00. The check that suppose to be the balance of my trust was for $1,861.03
  2. My mother created the A...J...Rodriguez Family trust prior to her death in July 2013. She place my step-brother as both executor of her estate and Trustee of a Special Needs Trust that was to be established with my portion (1/3 of the estate). He placed my money from the sale of her house, Life insurance, IRA and stocks into her checking account (which he was a signer) never actually creating the SNT. My mom prior to her death had been sending me $200.00 per month to help me get by, supplementing the SSD I received so I could live on my own. My stepbrother agreed to continue doing so. In Aug 2016 he set up through B of A "Bill Payment" to have my monthly check sent to me by them instead of writing it himself as he did, up to the point of him and I having an argument over his not wanting to pay for new tires on my car out of the trust in July 2016. Flash forward to April 2019. I had not received my check by the 12th (I came between the 9th and 12th). I tried to reach him by phone on the 12th, 13th, 14th and 15th with no luck. On the 16th I sent him an email questioning the whereabouts of my check. He responded that day at 11:09 am saying he would be out of cell reception for another week. He stated the computer connection he was using was not secure also he did not have the ID name or PW to access the account. An attachment he included showed that the check was sent on 8 April and delivered on 11 April. Stating every month he was notified via email by B of A when it was delivered. I replied immediately telling him I did not get it. At 11:37 he replied with a copy of the page from the B of A account showing that the check had been cashed on 11 April. I replied telling him it was not cashed by me, to contact B of A and have them start looking into this matter. Get a copy of the check and compare the signature on it to my signature on ones I did cash. I also tried calling him at that point. He did not answer. On 23 April 2019 I received a letter in the mail from the attorney that wrote the trust along with a check for what he said was the balance of my trust and that the trust was now closed because all funds had been distributed to the beneficiaries. The letter also stated that I was to not try to contact the Trustee by phone or email at any point in the future. I do not believe the lawyer knew anything about the missing April check. I emailed the lawyer telling him I did not think the trust could be closed because there was unresolved money issues, telling him about the April check. I have not yet received a response to that email. I have not heard from the Trustee either after again trying to reach him by both email and phone calls. So my question is. What recourse do I have? Is this trust really closed?
  3. On 26 Nov 1997 I fell 32 feet off a roof that I was working on. I broke my back in two places (Crushed L2 and broke L4 in half) and exploded both Calcaneus. Since that time I have under gone numerous (thirty six, five on back the rest between both feet) surgeries. At this time I am facing having my left leg amputated below the knee as there is no other option left to make my foot and ankle a viable unit. I brought the subject of amputation up two years ago when my doctor suggested a full fusion of the left ankle that has since failed. Prior to the fusion Workmans Compensation wanted an IME. That doctor suggested amputation at that time. I am receiving Workmans Compensation benefits at this time and have not worked since the accident. My question is this. Will I receive / should I expect, an lump sum pay out for the loss of my limb? Any information would be appreciated.
  4. Here is the exact wording "Distribution of income": The Trustee may pay to or apply for the benifit of the Disabled Beneficiary as much of the net income of Disabled Beneficiary's trust as the Trustee shall determine to be in the best intrest of and tending to promote the welfare of Disabled Beneficiary, after taking into consideration, to the extent the Trustee deems advisable, any other income or resources of disabled Beneficiary. The Trustee shall accumulate and add to the principal of Disabled Beneficiary's trust any income not distributed. "Distribution of Principal": If the Trustee detertmines that the net income is insufficent to provide for the reasonable health, support, maintenance and education of Disabled Beneficiary, taking into concideration other resources of Disabled Beneficiary known to the Trustee, it may, as often as it deems necessary, pay to or apply for the benefit of Disabled Beneficiary as much of the principal of Disabled Beneficiary's trust as is necessary for such reasonable health, support, maintenance and education. All I have asked for over the $200.00 per month that my mom was already giving me before passing is monies that I have paid out of pocket to medical bills that Medi-Care did not cover.
  5. Thank you for the suggestion's. Yes it is a rather large sum $2300. He is just throwing his weight around like he tried doing when we were younger (he is 61 I am 55) when he could not beat me up.
  6. There is nothing in the trust reguarding reimbursments for anything. It does say that it can be used to pay medical not covered by any agencies. ie: Medi-Care. It is to be used to pay for things other than my living expenses, ie: rent and utilities. My mom put in that it can even be used for vacation travel expenses.
  7. My mom set up a special needs trust for me because I receive SSD and Medi-Care. My step-brother was appointed trustee. I recently had an operation to remove a mass from my shoulder for which Medi-Care paid for most of but not all. There are outstanding bills from the Surgi-Center, Surgeon, Anisthesologist and Blood Lab that I paid out of my own pocket. I sent copies of these expenses to my Trustee and he has refused to reimburse me. What recourse do I have?
  8. Here is a run down of what is going on. I am the beneficiary of the specal needs trust. My mom who lived in California, filled out papers to create the A.J.R. Family Trust on May 30, 2013. On June 24 2013 she was diagnosed with stage 4 small cell lung cancer and died in July 20, 2013. The trust says the proceeds after sale of her estate was to be split evenly between my step sister, step brother and myself. My step brother has been named the Executor of the estate and as the Trustee of my portion. Her house and contents have been sold and my portion is approx. $25,000 which is suppose to be placed into that Special Needs Trust so that the social security disablity I receive is not affected. Prior to her death my mom was helping me financially sending me a check for $200 enery month. My brother agreed to continue sending me $200 each month, just like my mom was doing. So far he has done just this. Article IV C of the family trusts titled CREATION OF SPENDTHRIFT (Special Needs) TRUST: (Quoting the trust here) "The Trustee shall place the share of any beneficiary whose physical or mental condition renders him or her eligible for any resource based Government benefits or Agency benefits (as defined below) into a Special Needs Trust for the special needs (as defined below) of such beneficiary". He was added to my moms checking account a long time ago but his name has never appeared on her checks, so he had the power to sign her checks prior to her death. The question I have is, is he violating the terms of the trust in using that same checking account that was my moms before she passed away? Should he not create a different account that is my SNT and close the account which was my moms?
  9. Being paid by the Trustee who is also the Executor of the estate. The trust was created from the deceased's will. The section of the will that refers to the creation of the SNT states that the Trustee shall place the share of any beneficary whose physical or mental condition renders him or her eligible for any resource based government or agency benefits into a special needs trust for the special needs of such beneficary. Trustee has yet to create this SNT but instead put the proceeds into the checking account that belonged to the deceased and has already dispursed some of those proceeds using the existing checking accounts checks. The "Total Trust" refers to the entire esate of deceased.
  10. The living will was written in California, this is also where the Trustee of the SNT lives but the beneficary of the SNT lives in Arizona. The Trustee for the SNT is also the Executor of the estate and older brother of the SNT beneficary. I know for a fact that no new account has been established nor has the account name been transfered. The Trustor created a living trust on 30 May 2013 and passed away 2 months later. The special needs trust is for one of her three children that receives monthly social security disability payments with 1/3 of the proceeds from the selling and liquifing of the estate used to create said trust.
  11. If the portion of an estate to a beneficiary is suppose to go into a SPECIAL NEEDS TRUST but, is being paid to that beneficiary through the existing checking account that the deceased TRUSTOR had during time of living, is the TRUSTEE in violation because, Trust states that said portion "be placed into a special needs trust for the Special Needs of such Beneficiary. Not to be comingled with net proceeds of total trust. The Trustee is also beneficiary of the same Family Trust that the Special Needs Trust is derived from.
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