QUESTION
can you take a lawyer to court for not explaining things to you and signing your minor's trust away, can your minor at 18 bring back into court ?
Asked on Jul 06th, 2015 on Legal Malpractice - New York
More details to this question:
a Supple needs trust was set up for one of my minor child concerning a lead case, he was 15 at the time but receiving SSI, the attorney made him out to be still so retarded or chronically i but in fact when we brought this to court he was not, he only seen me 1 time in a 2 year stretch, never met him but in fact new he was doing fine but at the end he set up a special needs trust and it's also irrevocable and never told me until court was over and I got court papers a week later, my understanding at the time and even after that the trust was needed was to hold his funds until 18, now he's 18 and no longer on SSI can he go back to court on a 2011 case if he's now an adult and if not can I take over as trustee and keep it in the family on his request
1 ANSWER
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I don't believe I have enough information to fully answer your question. Other than being under 18 years old, was your son under a disability at the time of the settlement? What are the terms of the trust? If your son is not currently disabled, you may be able to petition the court to modify the trust. Again, additional information is needed, and a Trust attorney should be consulted.
Answered on Jul 07th, 2015 at 2:26 PM