QUESTION
My elderly mother had a cheap will done by a paralegal. I don't think I'll receive the money because of my student loan debt.
Asked on Feb 26th, 2021 on Estate Planning - Colorado
More details to this question:
I'm also disabled, and having "too much money" can cause me to lose my health insurance and other benefits. The total estate will end up being around $100,000 to $500,000 I know there are methods available to protect beneficiaries in situations like these, such as Special Needs Trusts, but when I ask estate attorneys about it, they just say, "get your mother to see an estate attorney to fix it." She won't, because she thinks a simple will is sufficient. If my mother's intent is for me to inherit, but she's done it wrong, don't I have any rights that can be protected? Shouldn't I be able to be represented by an attorney in this to make sure things are done correctly? I can't imagine I'm the only person to ever find themselves with these issues. What should I do when no attorney will help me? I appreciate any information you might be able to provide.
1 ANSWER
2 Awards
The paralegal who drafted the will was practicing law without a license. But suing her after your mother is gone won't help you. You are absolutely correct that the Will should provide that anything which is to go to a disabled person should instead go to a special needs trust for their benefit. The attorneys who have advised you to "get your mother to see an estate attorney to fix it" are also right: the only person who can change her Will is your mother.
Answered on Feb 27th, 2021 at 5:09 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.