Federalized Special Needs Trust Abuse

[truthandhonor]

You can't "sharpen" by adding things. Keep focused on your goals.

(1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or fiduciary abuse of the decedent, who was an elder or dependent adult.
Nope, although it may be evidence towards that end.
Nope.

You have provided no facts there is a violation of even the first element of section 259. Let alone the later, harder ones. I'd go through your other claims (with what I bet are similar results) but this is not my job and have already spent too much time on the thread.

Look, it is impossible to know if you have a case. I'm glad you have an attorney as continued unfocused accusations are not going to win you anything. From the focus issues, I sense there may be some legitimate reason for you to be under a SNT in the mind of those who gave you these gifts. To me, the only thing which has any traction is the lack of accounting. But, the remedy will not be to give you all the money, it will be to get an accounting and, if there is a problem (or not depending on how harsh the judge is) and if there is to get a successor trustee. I'm not sure how much better a position you will be in then.

"Nope." Sorry. Special Needs Trust is meant for people in a specific legal category. Period. It is not meant to be a vehicle to hord millions of dollars for the trustees who are also beneficiaries and their kids and grandkids, especially in a most peculiar situation like this wherein the elder sibling's KIDS ARE OLDER than the youngest benficiary: me! So the likelyhood of my dying anytime soon is no different than these wanton kids who have shown no caring nor has their been any relationship whatsoever except jealousy and antagonism towards me. Nor should a SNT be "a set up" to benefit the other beneficiary's and their kids who ARE NOT legal benficiaries.

Additionally, to proscribe the accusations you yourself set forth cannot possibly form the basis of a SNT Whether or not a benficiary is better able to "focus" as you say, on complex laws which most lay people are not even familar with, cannot possibly be construed in a court of law as good reason to put someone under a SNT. Fact: the benficiary will not lose anything under any "governmental programs" because that peron is not in that position legally. So how can their schemes and trickery hold up in court? Look, the trustee brother could not be trusted and he convinced my elderly mother he could be. Now, his time is up.

Facts? Both trustee brothers have active alcoholism which is a disease and classified as a mental illness. Battering is illegal. So sorry. A batterer cannot be a trustee over the beneficiaries he battered. Any judge with half a brain should be able to figure that one out. Whether a female beneficiary finds it difficult "to focus" on making sense of the intracacies of complex law applications is irrelevant. I've worked very hard to figure all this stuff out and found very few people who even know the differences of legal categories like SSI and their ramifications.

I only hope other trustors do not get sucked in by benficiary trustees to influence them to place a SNT on another benficiary sibling unncessarily. In our case, it will defeat or substantially impair the express purposes of the trust and the intent of the trustor. And I only hope that the prevailing attitude that it is OK to cheat the government for SSI and Medi-Cal does not coninue to bleed the tax-payers of needed resources for the truly indigent.

Fact: the trustee is illegally handing out $1,000 per month cash to the SSI beneciary. What's going to happen when the Federal governement finds out about that and if it's a SNT the trustees have to report everything to the SSA and...and...the IRS.
THERE SHOULD BE LAWS AGAINST SPECIAL NEEDS TRUST ABUSE.