Irrevocable Family Trust

Eliza111

My parents put some of their assets in an irrevocable trust.  If my father wants to go to assisted living will the trust be protected.

On the other hand too would we be able to get the assets back.  If you have assets do you have more of a choice to be accepted from Assisted living?  They still have some assets.

I am also disabled so I moved to their house to help care for my mother.  I still have my own home, but I am never there my parents need me to be there 24/7.  They live in a 55 and over community.  I had to register to be able to live here with a Census form.  I did put on the Census form that I moved here to stay with them because they need 24 hour care.  

I have been here for 1 and 1/2 half years.  I wonder what proof I need to show that I have lived here besides the Census form.  Would they just accept that.   I have not changed my mailing address or the address of the registration of my car because my home is one street down from their town house.

To complicate things I am a disabled child with MS.  I know I do not require a 5 year look back period.

It is hard to understand my options.  I also have a brother that the trust is suppose to be split 50/50.  He is the trustee, personal representative.  They felt it would be difficult for me with my MS.  The house is in the trust as well.

I understand this is a lot of questions.  We have been to an elder care lawyer that set up the trust.  I can not call and ask him any of these questions which does not seem right we paid a ridiculous amount of money to him.  The lawyer has told me I can not ask questions because it is my parents trust, but I am now a beneficiary.  I think my brother can call him with questions as a trustee, but I am not sure.

I do worry because this Trust is a source of contention and angst in my family although my parents wanted to set it up for myself and my brother.  It is difficult to speak with them about it without difficult feelings coming up.  So although I am a beneficiary and am suppose to be able to ask questions he basicaly won't answer me.  I think he is angry I have a disability.  I can only guess.  I know he loves me though.  

My logic tells me if the trust failed that I would be able to save the assets as I am disabled.

But I am not a lawyer.  Any lawyers in this forum?  If we needed to use my disabled status to 

save assets everything would go in my name.  I think that would really bother my brother

although he is very wealthy.  He seems to be duplicitous about the trust he tells me he does not need it or want it.  Yet angry at times.

I know this is alot of information.  And a specific set of circumstances.  I can not afford to go to a Special Needs lawyer or Elder care attorney.  I have already gone to three to understand the Trust, but not ask these specific questions I have.  I do have an appointment coming up with a lawyer and even though it is not in my budget I consider going to understand these options specifically where my brother and Dad are a bit slanted when it comes to finances.

They do not listen to any information I provide them.  I think if I had the answers to these questions written up by a lawyer they would listen to it.

Thank you for any information you could provide.  Thank you in advance.

dayn2nite2

Even if someone were an attorney here, they wouldn't be able to answer your questions.  Much depends on the type of trust, where you live, etc.

King Boo

You  need to find another, separate Certified Elder Law Attorney (CELA)   to represent your interests and interpret the situation comprehensively.

www.nelf.org

Under normal circumstance, the fact that you provide care that would keep them out of a nursing home for a period of 2 years could work to your advantage but perhaps not under the current asset configuration.

Michael Ellenbogen

A irrevocable trust can be very tricky and it may not be able to even be changed but I am not a lawyer. The 5 years look back period my not apply to it but there may be some time based on the state you are in. You really need an expert to talk to on this.

Emily 123

Irrevocable trusts are usually set up to be a source of funding as long as the grantors (your parents) need funds/ care. The trustee can set up payments to be disbursed for that care, but all assets stay in the trust except for what is released by the terms of the trust.  The trust cannot be altered.  As trustee, your brother has to follow the guidelines as set up by the trust. 

 Unless your parents set up something to supply you with an income, the assets will be used however they wanted ( I am assuming for their care) until they pass away. Then any residual assets would be paid out according to their will and the trust.

 If they did set up something in the trust to provide you with an income, then that would need to follow the guidelines set up in the trust.

Assets in a trust would be listed in an assisted living application if the trust is set up to provide funds for rent, etc.

Basically your brother has nothing to do with how the money is allocated- as trustee he’s just responsible to make sure it’s getting used in the way your parents specified when they set up the trust. 

 https://www.elderlawanswers.com/kinds-of-trusts-12007

DrinaJGB

A cautionary tale here.

  My DH's parents had a trust. It became irrevocable at the death of one of the founders (his dad). It could not be changed and was to care for the mother who was sick and still living.After the mother died there were named equal beneficiaries (the children including DH).

Enter DH's sisters. DH was to be trustee. he was in a coma due to viral encephalitis. Sisters tricked mom into signing a form that put DH's future inheritance in their control.Mom was terminal and confused and was unduly influenced.

  In other words--that document changed an irrevocable trust.The trust instrument itself stated it could only be changed with a court order. None was given because it was all done covertly and on the sly.

Fast forward 10 years next February---we are still fighting.

  Boatloads of money. Lies and liars. Corruption. Self dealing. Bias to beneficiaries.Threats. Blackmail , and even extortion attempts.

  You name it---we have experienced it.

  The legal system is corrupt. They do not care about you or your plight or your problems or your pain.

  They only care about filings, motions, petitions to pad the bills, and most of all---the money that is in the trust.

  They want it. All of it.

Walk away. Now.

 While you still have your sanity and your health. Not to mention your money.

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