Florida  |  Wills and Trusts

Legal Question

Asked on: 5/22/13, 12:00 am

HELP! My father passed away and put in his will for my sister and I to both receive Special Needs Trusts to cover expenses not covered by SSDI. My sister receives SSDI. I DO NOT! My father wanted me to apply for disability because of some back problems (He thought it was great that my sister is a ward of the State but she hardly has enough money to take care of herself . I provide for a family.) I am neither interested in nor require public assistance of any kind. I am able-bodied and work full-time. The income I receive from my job is my only income. Probate just started. Is there a way for me to challenge this Special Needs Trust and change it to just a regular inheritance like my two brothers and other (able-bodied) sister received? I have been told conflicting information by the same lawyer representing my father's estate, both that I could change it and that Florida never changes Special Needs Trusts. But I'm not disabled! My brother, the executor of the estate, is very eager to dump my inheritance into the Special Needs Trust and be done with it but I'm afraid once he does that, it will be too late. Help! Am I just out of my inheritance and that's that? What do I do?

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