and can they also still receive medicaid, if the trust is money less than $50,000, and no other assets in it to start? the money is from inheritance, and has not been paid from the estate yet.
No No No. You are talking about either a special needs trust set up by the recipient of the SSI and Medicaid (when they are under the age of 65) or a trust set up by a third party like a relative that wants to help by giving money to the SSI recipient - in either case the SSI recipient should never be in charge of the trust. The reason is that if the Social Security feels that the SSI recipient could use the money for food of shelter expenses because they are in control of the trust, it would make the trust a disqualifying asset until it is spent down to $2,000 so they would lose their SSI and probably also lose their Medicaid coverage. The only safe way to make sure the trust is not challenged is to have an indepedent trustee who keeps meticulous records of how the money is spent and never gives the SSI recipient the money directly. The trustee would have to buy what ever it is that the recipient needs or wants. The trustee can't even give the SSI recipient a gift card or gas card as these things can be deemed by SSI as available funds to by food or pay shelter costs. I know this sounds harsh and ridiculous and I would agree with you but that's the way it is. The SSI recipient can set up the Special Needs Trust but they can't be the trustee. The money needs to be paid directly into the trust and never touch the hands or the bank account of the recipient. Also the trust language has to be very specific to qualify as a Special Needs Trust. Just any type of irrevocable trust will not work. This is not an area for "DO-IT-YOURSELF" Get and attorney to help set this up. The SNT is allowed to pay the attorney fees.See question
Four years ago, I hit a car's bumper in a parking lot. I was traveling less than 5 mpr., and even though there was no damage to either car the other driver wanted to call the police. I had been drinking, which is NOT my usual behavior, and I was a...
No. Whether the amount was fair or not, you settled the case so it is a done deal. The fact that you are looking to raise this issue again after 4 years shows that you are looking to blame someone else for your personal problems in you life and you have not yet reconciled the consequences of your bad choices as your responsibility.
People have the right to sue and and unless their basis for suing is completely false (abuse of process) you can't get damages for the emotional effect you go through when you are sued. Having car insurance will insulate you from having to deal with frivolous personal injury claims so make sure you get a good car insurance company when you shop car insurance. (Yes, I know that the your DUII history will make it expensive but do the best you can.)
What I think would be better then posting your desire to sue someone here on Avvo would be to go and talk to a counselor or someone you trust to listen and give you good advice, about the feelings you are still processing. This is really more about how you personally deal with stress then anything else.See question
I had a retained attorney in California. I was essentially completing all the documents and such myself. So I no longer have that attorney and want to file in Oregon. I've been here about 45/50 days now. For some reason I can't get a straight answ...
I highly recommend you hire a Bankruptcy attorney here in Oregon to help you. You will still be using California exemptions since you just moved here, at least if you file at the 91st day of your new residence in Oregon but that shouldn't be a problem as almost all Oregon Attorneys use bankruptcy software that will recognize the need to change the exemptions. You may have some legal differences with filing here as opposed to California. There may be different forms required by local rules and different procedures. Occasionally there are different court interpretations of the law from jurisdiction to jurisdiction so it pays to have a local attorney review your case and make sure you are prepared for filing in the Oregon Court.See question
I have filed the Petition for Appointment of Guardian for my 7 year old granddaughter who has lived with me for three months now. In the packet I downloaded for the Marion County site, it says I have to serve her with the papers. I have a friend w...
Take the papers to the sheriff in the county where mom lives and let them have their civil process division do the service. They are experienced at serving papers. It would help if you would tell the sherriff the other places mom is likely to be during the day, such as where she works. If that doesn't work you will need to hire an attorney to help you get an order from the court allowing a substituted form of service. The clerk of the court is correct that you need to personally serve the mother if that is possible.
You have other potential challenges ahead. A biological parent has a constitutional right to parent their child and if the mother shows up to court and states that she objects to you trying to be appointed guardian, you may well lost the case. i would talk to an attorney about this situation before proceeding. It may be better for you to wait a few more months and then file to be awarded custody as the psychological parent. Please consult with and attorney in your area.See question
This is a 2 part question...My fiancees Ex wife filed for divorce being completely unreasonable. She won't let him take their 1 year old anywhere with out her (the ex) going to. If he wants to see the baby he has to spend that time with the ex rig...
Your fiancee can call the Oregon State Bar, 503-620-0222, and get connected with an attorney that will at least talk to him one time for $35.00 through the lawyer referral program. This information was written on the summons that he was served with when his ex filed the divorce.See question
The ex refused to let my fiancee to have visitation with their 16 month old. He hasn't gotten to see his baby in 9 months. He filed his response to the divorce over 3 months ago, and we've heard nothing back. What can we do to get visitation in th...
If he isn't already represented by an attorney he needs to hire an attorney. He should have filed a petition for a hearing on temporary custody/parenting time when he filed his divorce. He needs to get something going to get a court to order temporary parenting time. An attorney can tell him how to get that going.See question
I live in Oregon, and my mom lives in Pennsylvania. My grandmother currently has custody over me but would like to transfer custody to my mom. Will this take longer due to the distance? How long does it usually take?
We simply can't answer this without knowing all the facts. For example, a change in custody would normally require notification of the biological father and there would need to be time allowed for the father to intervene. So we don't know if this is an issue in your situation. Also if the current custody situation was established as a result of a juvenile court proceeding where you were removed from your mother's custody out of concerns for your welfare, I would expect that the Juvenile court would need to be involved in any subsequent changes and juvenile court processes can take a long time.
There is something else to consider. A custodial parent or person can allow the child in their custody to "visit" another adult. So it is possible that, absent something in a court order that prohibits you from living with your mother, that your grandmother could do an informal arrangement where you can go and stay with your mother even though your grandmother still has legal custody. It would be better to transfer custody, but this is another option.
Your grandmother should consult with an attorney and get legal advice.See question
My Mother owned(s) a mobile home that is located in a park, she recently passed away. The park manager is not allowing me to access my mothers home (i guess technically my home because I was the next of kin and have the title to the mobile home) s...
Speak to a probate attorney immediately. Be prepared to invest some money in getting legal assistance from the attorney. It is quite likely that your mother's estate is small enough that you will be able to file a small estate's affidavit and that will give you the authority to deal with your mother's property and her creditors. Whether or not the landlady is acting inappropriately depends on the landlord tenant law and that is not my expertise so I can't advise you on that. But if she did take your mother's property unlawfully you may have a legal action against her. That could be expensive to bring however, but it would be my hope that a phone call from the attorney you hire to assist you would straighten things out.See question
Have an order stating, neither parent can take kids out of state, mother has. Called police and they say it's a civil matter? She has totally disregarded court orders? Can she get in trouble for this?
What isn't clear is whether you are talking about a temporary trip that crosses the State border or a permanent move to another State. Normal parenting time orders don't restrict a parent from traveling and leaving Oregon with the children for a temporary trip. So unless there is some very unusual reason to say a parent can't travel outside of Oregon, bringing this matter back to court isn't going to get much of a reaction.
Now if you are talking about a move to live somewhere else which is more than 60 miles from the other parent, you should effeminately take that to court and maybe ask for the court to award you custody. Without knowing more about the situation I can't predict if that is likely to happen. But it could.
The normal restriction in a custody/parenting time order or agreement is that the other parent won't move with the children more than 60 miles from where the currently live without giving the non-custodial parent some type of advanced written notice. Typically 30 days advance notice.
In any case, if this is a move, rather than a vacation, you want to get the matter back in front of a Judge to discuss whether the court will side with you and return the children to live with you, or if the court will instead address the new living situation and modify the parenting time. FYI the last court that ruled on the case continues to have jurisdiction with respect to any orders that concern the children. The move does not change this.See question