[BrokenNBeautiful]

I am in trouble.

Food prices are sky high, as most other things due to inflation and I did not get a raised in my benefits for at least 2 years.

as some of you might or might not know, my aunt passed away 2 years ago.

My aunt passed away at a BAD, BAD time for me.

She left me money, which was taken care of by her executor, who was also her best friend.

This money could not be left directly to me cause I am on SSI (Supplementary Security Income) social security (disabled since birth with a visual handicap). I would have lost my SSI otherwise.

She sent me and my roommate a copy of the will, which of course had no legal rights for me to have that money, even though my aunt had made it CLEAR to me that tha tmoney was MINE.

She had sent us also a letter saying, that as long as I treated her with respect (she had different ideas of respect than I did) I would get that money.

So I had to ask my roommate for money yesterday because she told us that I could not ask her for this money unless I had "dental, medical, moving, visual emergencies".

my roommate is not doing too well financially either.

I hated asking him for money.

I am debating talking to this executor (in writing; she doesn't want us to call her) and saying, "Look! I never put you down or called yuo names, or treated you badly. I already apologized for a misunderstanding we had 1 year ago. I need that money! I can't depend on Bruce! And I don't deserve to be punished!"

Billi

[BrokenNBeautiful]

I am suprised no one can relate to my financial issues.

[silverbird]

Originally Posted by billi_leli

I am suprised no one can relate to my financial issues.

While your aunt may have verbally committed the money to you, it sounds as if she didn't leave it to you in her will. Since you are receiving SSI, you can't have assets over a certain amount it sounds. Your Aunt may have felt she was doing you a favor by not leaving the money to you as it would have jeopardized your benefits and thus left you out of the will.

The problem is that your late Aunt's friend, the executor, cannot legally give you money that is not left to you. This executor has a fiduciary duty to distribute the estate exactly as the will is written. If you were not left money in the will, then this person could be in legal trouble if they ignore the will and give the money to you. If you have seen the will, and you are not named in it, you should not pressure this person to give you money from the estate. It may not seem right to you, but it is the way it must be. The law presumes that the will reflects the wishes of the deceased. Verbal promises have little value in probate.

What your Aunt should have done either before she died, or in her will, is create a Special Needs Trust and placed the money in it. A properly drafted Trust can retain your SSI eligibility and provide money for the extra things you need in life (outside of food, housing and clothing). If you have other living relatives that may have assets they wish to give you upon their deaths, get them to a lawyer that knows how to properly draft either an Inter vivos or Testementary Special Needs Trust.

I feel for you. I have a brother that is severely handicapped and have had to deal with the problems of assets jeopardizing his benefits even though he has a Special Needs Trust.

[BrokenNBeautiful]

Originally Posted by silverbird

While your aunt may have verbally committed the money to you, it sounds as if she didn't leave it to you in her will. Since you are receiving SSI, you can't have assets over a certain amount it sounds. Your Aunt may have felt she was doing you a favor by not leaving the money to you as it would have jeopardized your benefits and thus left you out of the will.

The problem is that your late Aunt's friend, the executor, cannot legally give you money that is not left to you. This executor has a fiduciary duty to distribute the estate exactly as the will is written. If you were not left money in the will, then this person could be in legal trouble if they ignore the will and give the money to you. If you have seen the will, and you are not named in it, you should not pressure this person to give you money from the estate. It may not seem right to you, but it is the way it must be. The law presumes that the will reflects the wishes of the deceased. Verbal promises have little value in probate.

What your Aunt should have done either before she died, or in her will, is create a Special Needs Trust and placed the money in it. A properly drafted Trust can retain your SSI eligibility and provide money for the extra things you need in life (outside of food, housing and clothing). If you have other living relatives that may have assets they wish to give you upon their deaths, get them to a lawyer that knows how to properly draft either an Inter vivos or Testementary Special Needs Trust.

I feel for you. I have a brother that is severely handicapped and have had to deal with the problems of assets jeopardizing his benefits even though he has a Special Needs Trust.

The executor did promise my aunt to give that money to me if I needed it.

But I am beginning to know that verbal promises have no value, not only legally but not morally either.

I wish my aunt had done that special needs thing. I am not sure why she didn't. She was ill and I guess it was easier for her to just trust her friend to help me. She did not realize that her friend was so volatile and so unfrinedly toward me. Or maybe she misunderstood something.

thanks,

Billi

[StrawberryFieldsss]

The treating with respect and getting the money part?

I wouldnt allow her to use that to manipulate you. If you are not specifically EXCLUDED from that will you MAY have a legal right to the money. Have you spoken to an attorney?? I would URGE you to get a free consultation (most will offer 30 minutes for free) and you have a copy of the will.... all the better.