If a disabled person is about to receive an inheritance, these assets can be lost. For this not to occur, proper action must be taken. Receiving financial inheritances can result in a disabled person’s disqualification from receiving certain benefits, such as social security or Medi-Cal. Clearly, this can cause a significant hardship on the individual and his or her family. It is therefore vital that you contact an experienced San Diego probate litigation lawyer today if you find out that a disabled person is about to receive an inheritance
What steps should you take if a disabled person is about to receive an inheritance?
- First of all, contact a California trust litigation attorney experienced in filing petitions with the probate court.
- Also, consider petitioning the court to create a special needs trust for the individual’s benefit.
- Furthermore, consider whether you are eligible to petition the court for a first party or a third party special needs trust. The benefit of a third party special needs trust is that there is no payback required to the state when the disabled individual dies.
- Lastly, are you wondering what to do if the special needs trust is established, but the trustee is acting improperly? In this case, we recommend you petition the probate court for his or her removal.
In conclusion, to learn more about going to court to seek the establishment of a special needs trust, view our free article, Preserving a Probate Inheritance for a Disabled Child. Further, our free guide, The Ultimate Guide to California Trust and Probate Litigation, provides an overview of what to expect during the trust litigation process. To learn more, contact an experienced San Diego probate litigation attorney today. Call our toll-free number at (888) 443-6590.
A formal written request made to a Court in order to ask for some type of relief. It can be for made for many things. Basically, anything that someone is asking the Court to do can have some type of Petition filed. An example is a Petition to Probate a Will, this is usually submitted with the will to the Court to request the Executor be given the formal power to carry out the Will.
Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307