This is only for My sister, an executor and trustee of my Mom's will, after receiving a copy of our previous

Expert's Assistant chat
Customer: This is only for DebraMy sister, an executor and trustee of my Mom's will, after receiving a copy of our previous conversation, has replied to my proposal to release the maximum allowable inheritance before PWD "grab back or termination" with:Quote
Regarding your share, this is the exact wording from Mom's will."D(iii) If my son Kevin Corlis O’Brien is living at the death of the survivor of my husband and myself the equal share so appropriated for Kevin (herein called the “Kevin Share”) is to be dealt with as follows:During Kevin’s lifetime my Trustee is to stand possessed of the Kevin Share and is to invest and keep invested the same with discretion from time to time to pay to Kevin or apply on his behalf for the acquisition of goods and services which generally addressneeds arising from his disability,all or any parts of the capital and income (or either) of the Kevin share as may thereby exhaust the said capital for his benefit without regard to any interest, vested or not, or any other beneficiary of my estate."
unquote
________
I have written... but not yet sent... my reply and would appreciate your opinion, advice and suggestion on how the situation should be dealt with and whether I should indeed send the following:
_________
Is this your way of saying that you will deny me my inheritance?
If so…. you’ll have to hold off on the “dispersal” and tell everyone that they may be in for a yet longer wait.You know very well that there has never been, and never will be, any financial “needs arising from his disability,” that were not, and will not be, covered by the PWD.Mom had had (on a lawyer’s advice) written this commonly used phrase as a dodge to government PWD grab back or termination several years before the government wised up and changed the laws permitting PWD recipients to receive up to $100,000.00 of any inheritance… which at that time… became common practice to release the maximum allowable to the PWD recipients themselves. Those already with these “dead” discretionary trust funds had a hell of an expensive time recovering their money from such trust funds (usually penalized by the Trust companies since they would lose the free use of it not to mention... the fees.) Mom also had had written:"…for his benefit without regard to any interest, vested or not, or any other beneficiary of my estate."b) From and after the end of Kevin’s lifetime the balance (if any) then remaining of the Kevin share is to be divided equally among such of my remaining children as are living at his death.”Any of my share that goes into a discretionary trust become “dead money” that will be of no use to anyone (except the Trust Companies) since conditions will permit no one to withdraw any of it… at least not until after I’m dead …when you and any other surviving siblings can claim a share of the whole of it for yourselves, and I will have had nothing. It would be a sad and suspicious occurrence if you intend to go against Mom’s intent and deny me my inheritance…. How do you think this will look to judge?It would be possible for me to obtain the entire remains of my share if a sufficient portion were to be used to obtain a motor vehicle, (the possession of which is exempt from the total asset assessment… and Mom has set the precedence once already) and then the rest, not exceeding $100,000 can be put into my hands without any effect on my PWD pension (as was her intent.) Lack of a vehicle, more than anything else (and greatly)… has been a “need that has arisen” that, while not directly affecting my disability, (as nothing has to date and is ever likely to do so...) has certainly effected my health.This common practice of releasing the allowable maximum, (Mom’s spoken intent to me and) as intended by government, would also relieve you and Terry of the responsibility, and hassle (not to mention the expense to me) of dealing with the administration of a trust fund as well as the avoidance of all the trust and accountant’s fees. Tax on the $100,000’s annual earnings would have to reach the unlikely height of over $10,000 (10%) in any given year before it would impact my tax position and total assets plus their earnings will have to be kept below the $100,000 ceiling to avoid future grab back of the PWD pension.
____
My sister has written previously that they expect to dispense the inheritance funds sometime in January 2021. Your opinion suggestions and editing will be most welcome as I hope to avoid a legal dispute over this issue.
Answered by Debra in 5 hours 1 year ago
imglogo
Debra
10+ years of experience
logo

163900 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Debra
logo
logo
163900 Satisfied customers
logo
10+ years of experience
imglogo
Debra
10+ years of experience
logo

163900 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
Customer
It seems the last paragraph and a half of my last post was cut off (and the links in your last email would not execute)
...
Tax on the $100,000’s annual earnings would have to reach the unlikely height of over $10,000 (10%) in any given year before it would impact my tax position and total assets plus their earnings will have to be kept below the $100,000 ceiling to avoid future grab back of the PWD pension.
____
My sister has written previously that they expect to dispense the inheritance funds sometime in January 2021 and refusing the proposal. Your opinion as to whether I should send the above, any editing suggestions... additions or subtractions... and a recommendation for the proposal to release the maximum allowable to me, will be most welcome as I hope to avoid a legal dispute over this issue by contacting a local lawyer except as a last resort.
img

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

img

Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

img

Debra, Expert

I think that's fine. It's very well done. I think at the top of the ladder though you should say "without prejudice". That would mean she can't use this letter in court against you if you do have to go to court. There is no reason, and I mean none, for her not to give you the money unless she's thinking of herself after you die.

Customer
I have taken your advice and began the email with the phrase "Without prejudice." I added your last sentence to the end of the letter attributing the opinion to you. I have sent a copy to both executor-trustees and my BC-Housing liaison with whom I'm to meet with in person tomorrow (we meet once a month) and who has long been aware of the situation. Thank you again and I shall informed you of any further pertinent developments.
img

Debra, Expert

Definitely come back and tell me what's going on.

img

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
My brother dropped by Friday and says that he and my sister are pleading ignorance of PWD rules. He/they wish to acquiesce to the estate lawyer's heretofore undeclared judgment. He has expressed a desire for the three of us (he, myself and the lawyer) to discuss the situation in an in-person consultation sometime next week to which I have agreed. I have suggested that he forward a copy of my last email (that you commented on) to the lawyer before our appointment so that she (their lawyer) will understand my position beforehand in order to enable a more informed opinion. Hopefully she will see it the way you and I have and the issue will be settled in my favor.Later that day, I had an in-person consultation with my BCHousing liaison who informs me that the link you sent (effective July 1, 2019) was old and that the "Equity in property, investments or other financial instruments, and in trust where the applicant or recipient has control over disbursements" (the inheritance) basic limits has, since that page was posted, indeed been increased above the former $100,000 ceiling and has promised to email a link to the updated limits. If you wish (and when he does) I can forward you a copy of the new PWD link and report on the lawyer consultation provided I have received it... and the consultation has taken place... before the termination of this account on Nov 17th.PS : The links in your last email have again failed to execute from my MsOutlook client-side email reader.
img

Debra, Expert

That is great news if the limit is even higher. Please do forward me that information.

Customer
The new BC-Housing rep was wrong… there has been no update since your info page about inheritance maximum which is still valid and you’re right that it’s still set at $100,000. Two days after that meeting I came down with a severe case of cold/bronchitis… or Covid. (Neither of the BC-Housing reps …new and old… that had attended the meeting have contracted whatever this is... and I live alone.)Still, I’m not sure just how different Covid is supposed to be but it seems to me that all the hoopla is over nothing but a common cold that is spread by media. Thinking it so bad is making it worse for people susceptible to suggestion (reverse placebo) and feeding bug-phobic’s hypochondria. It would be good to test it… but (unlike last time)… test while I still have it. If it does prove to be Covid… then Covid is not much more than a particularly nasty cold virus mutation and durations are the same but with a shorter reoccurrence span of 8 months instead of the usual 12 before mutation again either makes it strike again or become impotent for yet another year.If it’s not Covid (and either way)… it just goes to show how much good “social distancing” is doing as I’ve not been out of the apartment except to see the BC-Housing reps at Starbucks for an hour (and they didn’t get it) before grocery-shopping with only two other grocery-trips in the previous two weeks (14 day incubation period) going straight home after each… and everyone had masks… including me… and I still came down with this thing … …whatever it turns out to be … and yet again during social distancing! (Had a bout last March just after social distancing began… but not prior to that in over 10 years.)I’ve got to see a dentist (tooth extraction), a doctor (forced Pro driver’s licence check-up), and my brother’s lawyer all ASAP… none of which will see me if I come coughing and spouting phlegm (which could take 10 more days to subside… ) unless I can bring a current “negative” Covid test result. As a result, the meeting with the estate lawyer is on hold indefinitely.
img

Debra, Expert

I hope everything is OK. I am sorry that I was right!

Customer
8217;m sure it’s just a very bad cold but, under the circumstances, no one will see me unless I get tested for Covid ...or 2 weeks have passed (and I’ve recovered.) So everything is up in the air until the meeting with my brother and the estate lawyer which won’t take place until after one or the other of those events has occurred.I’m actually not sorry you were right. It’s probably a good thing that the limit hasn’t been raised as I expect to field some grief (already have had some just at the suggestion) when I come buy an EV. I currently don’t own a vehicle… even though I am the only one my siblings and me who owns a class 4 professional driver’s licence. Now I have an even stronger case for the spending (aside from my mother’s precedential purchase of a previous vehicle for me as a loan against the inheritance) … because now I can purchase a better vehicle than previously anticipated due to the need to divest myself of all funds above the $100,000 ceiling… and a motor vehicle is an “exempt asset.” Otherwise, even if they agree to release to me the maximum $100,000 allowed, my trustees would still be saddled with the responsibility of administrating an absolute discretionary trust fund containing the excess (which becomes virtually untouchable until after my death) and my inheritance would endure the cost of the administration fees… all of which I’d prefer to spend on a better vehicle. From what my brother told me, “withdrawals from the discretionary trust fund can only happen under criteria that is very unlikely to ever occur.” You may know something different about such trust funds (I don’t know anything) but this is what he (as Trustee) believes.It would be insane to lock up my entire inheritance especially since the ceiling comes off in a year and 8 months when PWD ceases for me and CPP kicks in… but if they do lock it in a trust fund, it’s unlikely they will release any even after I go on CPP… and if they do… my brother believes there would be “substantial withdrawal penalties.” Just to get below the $100,000 ceiling in the meantime however, I will have to spend in the neighbourhood of $40,000 (+ the government EV incentives) which should buy a half decent EV (SUV-EV?) and still have the $100,000 (along with a 50% PWD and all the safe driver’s discounts) to pay for the insurance. If the exemption limit was higher and the trustees resist spending any amount more than the necessary excess, an EV vehicle would be of significantly lesser quality and unlikely a SUV-EV.
img

Debra, Expert

There are no withdrawal penalties for taking money out of a trust. That is the purpose of the trust.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer