Marc Eric Selden's Answers

Trust fund

I am not sure I understand your question. Is Mom alive or has she passed away? Is Mom giving you the money now or are you receiving it on her death? SSD is not means based so your eligibility would not be effected by funds received from Mom. If you were receiving SSI, any funds received would jeopardize eligibility. You should consult with an attorney to go over all of the facts to determine what type of trust, if any, would be appropriate.

My dad was married on May 22nd 2009 and he passed two days later. Why does his 2 day wife get 80% of his estate?

In New York, a surviving spouse has a statutory right of election against the assets of their deceased spouse of the greater of $50k or 1/3 of the net estate and includes testamentary subsitutes, unless the surviving spouse has waived this right. A Florida attorney could advise you on the Florida law. His wife may have been the designated beneficiary on your father's plan, and, if so, the Will does not govern the disposition of that asset, the beneficiary designation does. Please...

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