I have already tried your webisite and ended up with a lawyer in the states even though I kept specifying that this was

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Customer: I have already tried your webisite and ended up with a lawyer in the states even though I kept specifying that this was an issue for Ontario. What gives
JA: Have you talked to an Ontario lawyer about this?
Customer: I spoke to a lawyer whom you referred me to. I gave my credit card number to pay the $5 fee and this lawyer wanted to do a phone call for an additional $84. As well, he finally admitted that he was not located in Canada, let alone Ontario
JA: What steps have you taken so far?
Customer: I paid the $5 fee but did not approve anything else. This is the first time I have ever used my credit card on an internet site so I am afraid of being hit with extra charges. When you referred me to a lawyer about 10 or 15 minutes ago, I assumed that I was being referred to an Ontario lawyer
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: do I have to retype all the info I gave the previous lawyer or will it transfer
Answered by JJL11 in 12 mins 1 year ago
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JJL11
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Customer
how long should I continue to wait on this website
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JJL11, Expert

Hello – My name is Joanne. I am an Ontario lawyer who is happy to assist you today.

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JJL11, Expert

Can you tell me more about your question ?

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JJL11, Expert

Sorry about the misdirection of your question to ***** since the system sometimes makes errors in categorizing the questions correctly.

Customer
my son has severe mental issues, including schitzofrania (sorry don't know spelling). He is 54 and has been in a paranoid and pschotic state for about three months or more. he has destroyed the place he was living in and thrown out a lot of clothes, bedding etc as he keeps seeing bugs, snakes etc. The question involves whether we can set up some type of trust fund for him when he receives an inheritances from his grandmother's estate so that we can provide him with a continuous supply of eye glasses, dentures, etc. He keeps breaking his glasses and he has only six teeth in his mouth which makes him very scary looking to other people. He is currently on ODSP in Ontario and we need to protect this income. I know that trusts exist for disabled people but since his grandmother never set anything up before she died in Dec 2020, this is giving us problems. One lawyer told my sister-in-law (executor of estate) that it is too late to set up a Hanson trust. Any ideas what we can do
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JJL11, Expert

I am sorry to hear about this situation.

Can you tell me approximately how much this inheritance would be because ODSP has limits on inheritances ?

Customer
we are not sure as the inheritance will be split in two (half for his sister) since their father is dead. I suspect that his share may be around $15 to $20 thousand.
Customer
Please note that my son cannot be trusted with money. In addition to severe mental issues he also is an addict. We want to protect the money so that it can be used for his medical needs such as eye glasses and dentures as well replacement of clothing, etc., that he continuously destroys. An example is his dentures - he has been two years without proper teeth and ODSP won;t replace his lost dentures until July 2023.
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JJL11, Expert

In that case, setting a trust fund would be the best so he will not be handling the money. ODSP allows exemptions of up to $100,000 for inheritance meaning that this money will not be counted as assets and $10,000 a year from this trust is allowed. Interest from this inheritance is also not counted as income.

ODSP has specific guidelines as to how this trust is to be set up so that it can be exempted.

Here is the link to the guidelines which clearly explain how to do this. I would suggest that you advise your grandfather's estate lawyer to follow these guidelines. After the trust has been set up, I would also suggest that you double check with your son's ODSP worker to make sure it was done correctly so that the money is exempted.

https://www.mcss.gov.on.ca/en/mcss/programs/social/directives/odsp/is/4_7_ODSP_ISDirectives.aspx#:~:text=Exempt%20as%20asset%20up%20to,trust%20must%20not%20exceed%20%24100%2C000.&text=Exempt%20as%20income%20if%20reinvested,trust%20does%20not%20exceed%20%24100%2C000.

Hope this answers your question.

Customer
thankyou very much. i do not know why this was not mentioned in our enquiries to social assistance and to a lawyer my sister-in-law spoke to. I also have a sister-in-law in a nursing home who was declared incompetent 8 years ago so hopefully we can use this info for her even though she is also a senior.
Customer
do you know if we should have a lawyer set up the trust or can the executor of the will administer the money in a trust bank account
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JJL11, Expert

You are very welcome. I am glad I was able to help.

Your son's ODSP worker should know about exemptions for trust money from inheritance so you should speak to her to tell her this trust will be set up to get her guidance on this.

Since estate law is not my specialty, it would be best to contact an estate lawyer to get a definitive answer about this.

Customer
thank you. how do we disconnect
Customer
An additional note - my sister-in-law (the executor) did speak with an estate lawyer in Ottawa who is supposed to be a specialist for trusts and he was no help
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JJL11, Expert

I am sorry to hear this.

I would suggest that you get a second opinion then from another estates lawyer and show them the ODSP guidelines I gave you.

If you want to speak to an estates lawyer about your case, you or your sister in law can contact the Lawyer Referral Service which is operated by the Law Society of Ontario. You will be given the name of a lawyer whom you contact and who will give you the first half hour of the consultation free of charge. Their number is 1-***-***-**** or ***-***-**** (within the GTA), Monday - Friday, between 9 am - 5 pm.

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JJL11, Expert

When I have answered your question to your satisfaction, I will mark your request as a "completed" and then it is finished.

Customer
I think I have everything I need for now. your advice is very helpful and I will take it from here. Thanks again. Please mark request as completed.
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JJL11, Expert

You are very welcome.

Thank you for using JustAnswer.

All the best to you and your son

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