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My name is***** I am the third oldest surviving son of my family and am presently 61 years old.
In our family, my mom and Dad had eight children. My oldest brother died in 2003 after he had a stroke offshore. He left three teenage daughters. My Mom died in 2014 at 80 years old. She had no will. When she died, the only asset my mom owned was her one-half interest in the home and land. In April of 2021, my 92 yr. old Dad suddenly became very sick. He died on April 29, 2021, from liver cancer while in hospice. Initially, he had three written wills, but none of them were signed in front of a notary. In each of those three wills, my dad wanted his one-half ownership of the house and land to be placed into a special needs trust for the benefit of the three siblings in our family who are all on Social Security Disability. Those 3 siblings are named Dan, S. and G. Dan is composing this letter. After my mom died, my dad had usufruct of the house and land until he died. Of the 3 disabled siblings, Dan receives the full amount of SSI monthly. G. was receiving mainly SSDI and $8 of SSI monthly, but now only receives SSDI, and S. only receives SSDI, as he was born what formerly was called mentally handicapped, but now is referred to as intellectually disabled. When my dad died, he left also $1xxxxx in a bank checking account. As a reminder, when my dad died, he left no valid will. While still alive at home, yet extremely sick, my dad told me to contact a distant relative who is a lawyer to see if he would help by finalizing my dad’s will. However, after a few days, that lawyer resigned. I am severely disabled with Complex Regional Pain Syndrome (CRPS), which is considered to be the most the most painful condition in medical science, and that is also called “the suicide disease”. I was scrambling to find a lawyer as my dad was on his death bed when I found a lawyer. I hired her and she and I went to visit my dad in hospice. In my presence, he told her that that he wanted me to take ownership of the house and land, and the money in the bank account mainly so I could take care of me and my disabled siblings, as all the other children in the family were in relatively sound and staple shape.
My Dad died in April of 2021. His will was notarized only one week prior to his death. He left seven surviving siblings. There would have been eight, but my oldest brother died in 2003 and he left three daughters who now take his place in the succession. My Dad's will calls for the creation of a Special Needs Trust (SNT) to benefit the three disabled sons named D., S., and G. My Dad's will named me as the executor of the estate. D. has been approved by the judge as the estate's executor. Dan receives the full amount of SSI monthly, and S. and G. receive SSDI. Very soon, all family members are scheduled to sign docs that include my Mom's succession docs and an Act of Cash Sale to pay off the undivided interests. Part of the money that was left in the SNT will be used to pay off five of the eight siblings that are not disabled xxxx.xx each to pay them for their undivided interests in my parent's house and land.THIS IS D. WRITING HERE. THE LAWYER REPRESENTATING ME AS THE EXECUTOR OF MY PARENT’S ESTATE IS TELLING ME, S., AND G. THAT because we three are on Social Security Disability that we do not each get a monetary payment, the same as all the other 5 siblings are set to receive. I think the lawyer is wrong. To me, there is no possible legal reason or rationale why we three should not also each receive a $ payment. Each of us is also my mother’s child and the money to pay off my non-disabled siblings is actually coming from the money that was willed to the Special Needs Trust that is in actuality already the 3 disabled beneficiaries’ money. Can you please pass this question in front of your legal expert and ask them this specific question? Even if the lawyer is trying to say that because I am on SSI, that I am
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: What documents or supporting evidence do you have?
Customer: the original will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: well, the original lawyer did not understand SSI and mistakenly thought that SSI recipients cannot inherit anything, so the current attorney is also trying to take a 10,000 life insurance check and put it in the estate that my Dad left for me as the primary beneficiary. I have severe potentially life-threatening dental problems and assert that the money is mine and the insurance company agrees with me.
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