[fmichael]

Originally Posted by ginnie

Dear fmichael and the list,
Chemar gave me your name michael and told me to try this forum for help. I have been caught between a family trust and the Government social agencies. My family is abusing me emotionally, and has been for the past nine years, there is no communication because I want to move from my home. the Gov. does not give me enough to live where I do. I am dissabled and I will at some point be forced out of my home, as I cannot pay my taxes or the expenses of living here in this tiny beach house on the west coast. My family will inherrit this home and will not sign off on the trust so I can move. Not only will they not sign off, I am permitted no communication with my daughter, or my grandson, now two years old. My son in law decided I am a bad person because I moved my best friend in with me to help with my dissabilites and to live here with the chores and all. Two girls are sinful and he stated I am not allowed to see my grandchild. I have cried a river and have sought legal help this past week. Gulf coast legal services said I was four months too young to qualify for help at that pro-Bono agency. I am now at a loss on where to go for help again. I hav e been trying to seek legal help now for years, and I can find noone to listen to my story or my case and help. I ran out of money in dec. of 09 and am now on public assistance. Nobody yet will hear me and I am in a state of depression. I am being abused and I need help to get out of the situation I am in. I have begged my family to let me move for 9 years, as my insurance was cancelled. I now live on a beach with no insurance becasue I became disabled and lost my job and my income, and my ability to keep this place. If I just leave the house, my two adult children and one very bad son-in-law, will own my home. this is my home only while I live in it. At the time the trust was made, my son-in law was hovering as a boyfriend and asking about my mothers trust. My family never stopped asking me for money. when I had to stop because I was failing, my son in law told me I was not wanted in their lives and I would not be welcome there. This home of theirs by the way was givien to them in the form of a large sum of money due from the trust to them. I am not allowed in the home my mother purchased for them. My son inherrited a home also. So did I. My mother thought that if I got in trouble that my loving family would do the right thing by me. My mother was wrong and money made all of them greedy. this is what this is about. It is OK that I wind up homeless to them as long as they get my home. Being broke and destitute is OK with them, and they could care less that I am in physical and emotional pain. I wanted to move to where I could have cheap insurance and shelter in place during a storm. All homes in my state over 50 years old were cancelled. I am a sitting duck on a barrier island with the storms. I don't want to live like this. I have been abandoned by my family over a trust. I need to break the trust in order to move. I need help. I am desperate, and ever so sad over it. Can anyone here help me to move forward in some kind of direction so I can have hope again.?Can I tell the world through the PC? Do I go to a Senator? Do I call more agencies that say no, what do I do? please help with advise. ginnie

Dear Ginnie -

Okay. Please be advised that I am no longer a practicing attorney, but I will try and refer you to a group that may help. But first, I didn't quite understand when you said:

Gulf coast legal services said I was four months too young to qualify for help at that pro-Bono agency.

So just for starters, a few questions:

How old are you? (If it turns out that you are 64 and 2/3's then it's my guess that the agency that turned you down was considering a theory under what's called Elder Abuse.)

In what state do you live?

In what state do your daughter and son-in-law live?

In which state was the trust established?

Finally, you say you are on public assistance, have you ever applied for SSDI? (And if so, what happened?)

I can't make any promises, but I'll do what I can. Please get back to me with the requested information.

Mike

[Chemar]

Hi Ginnie
I have copied your posts over from the other thread so you can talk here with others who may be able to point you to help.

hope things work out for you

[ginnie]

Thank you Chemar, I appreciate it. It is hard enough in life with dissabilites, but then to add your own family against you, that is outright painfull. We are a family divided two to two. My mother would never have wanted this for me, and this was not her intent, to put me in a position of helplessness with my family. Her goal was to protect me from the state coming after assests when I got sick. that didn't work eithor as you know. If you have any monies at all, they are used up before you receive any kind of help. what is written in doesn't matter to the state. Medicaid actually asked me what the darn document said. Thats a sad state of affairs when they don't know. So I will try here for awhile to see what people say and get more ideas on how to help myself. the case I present is well thought out and documented. The moneis generated from the sale of this house is what my missouri family wants, even if that means I am in the street. In my opinion that is wrong when they already received monies from the trust in excess. Hurricanes are as scarry as all the tonadoes up north. No insurance is something I loose sleep over during the hurricane season. I have tried a long time to find help. Thanks again. ginnie

[hannah1234]

Ginnie: I just want to say hang in there. I am not educated in this department but I understand the rsd completely. You will be in my prayers, and lets think positive you can find something/somebody to help you out. Hang in there. I am so sorry you are going through this, but you can get through it.
Hannah

[fmichael]

Dear Ginnie -

I think I'm starting to understand, but a few things still have me confused, including this:

In order to receive my food stamps, I was required to pay my son back in the form of rent to pay him back for paying my taxes. I do not own this house. It is in the trust. So now I exist on 296 per month, and I am wondering what the heck I am going to do but go down in debt. I have to pay most of that money back to my son.

* * *

Believe me my son who does want me to move. He is the last person in the world that wants to collect rent from a home I already paid for with my mother. We must do this to pay him back the taxes i borrowed in order to live here

What I don't understand is how it is, why set the terms of the "rent" so high that you are only left with $296 every month? Is there a specific reason he needs to be paid back so quickly?

And then, if I may, three additional questions:

I assume no conservator has been appointed for you (correct me if I'm wrong) but am less sure whether you were designated as the party to administer your SSDI when it was awarded. By that I mean, does the money go into your account or that of someone else, such as your son?

Did you get any back award when you qualified for SSDI, and if so, what happened to it?

And finally, do the trust documents say anything specific about how property taxes and/or insurance will be paid on the house and whose responsibility it is to do so?

Thanks for bearing with me.

Mike

ps If you are not comfortable answering this in the forum, which is freely available to outside internet users and/or search engines, feel free to send me a private message (PM).

[ginnie]

The trust was to pay for my taxes and to keep me in this home should I fail. The Gov. would not let me keep those funds from the trust no matter how it was worded. They would let me keep no monies at all if there was any way for them to benefit me, which they did. I ran out of money due to all my medical problems in 09. That was the last year I could pay my taxes. The SSDI check is $440. I don't care who hears it. I pay 400 to my son to pay him back for last years taxes, and of course to pay him back for this years. I now will never be able to pay my taxes, much less insurace which was cancelled.
The lawyer who made the trust had no idea of anything related to the social services agencies. what he made was a document that held me to a trust which the gov. said I could not keep. but must use until all funds are below @2,000. Only then did I get SSDI in 2010. I had been paying the 20% of all my bills before that. I could not get medicaid until funds were gone. You loose your coverage if you fail to pay the 20% of medicare so I did, no choice if I want treatment. So the trust only has my house in it now. The attorney who helped me to get my benefits, determined how much rent I would need to pay, in order to get my food stamps, a decent amount, and pay back my son for the taxes. I can't afford it here, and have not been able too since I became disabled in 2003. The trust was meant for taxes not to support me. Mom thought that If I worked hard and put into the system, that when I fail the system would help me. That did not occur. The trust has been used against me from its conception, and I have proof that is not what my mother wanted for me. The lawyer who wrote it wont help because I now have no money. Believe me he got lots of money for the trust and health documents he wrote for me. He refused to help when I ran out, and contested some of the stuff he put in there. He also made my trust based on what I was able to do according to my mothers trust. I tried to by-pass aaron and shannon, my daughter and son-in law, because they remeoved me from their lives. If nothing else, this home will go to my good son, and no profit will go to my daughter and her husband. they already got enough from my mother. No conservator was ordered, none mentioned to me. Hope that helps with your questions, it is all a mess. ginnie

[ginnie]

No back reward from SSDI. Only received that early 2010. Lived just with medicare for years, all that time trying to not spend because I knew what would happen when I ran out. I begged my family the entire time, as I knew I would run out, so my whole existance was stressed financially between wanting to still live here, and receiving medical help. Each withdrawl from monies in there hurt me, as it led to this point of being destitute. I didn't want to have to go down this path, so I asked my family to let me move along time ago. At that time, perhaps my son could have put me in a tiny place inland where I could afford to be. I was willing to live in anything tiny and safe. I had hoped for a Katrina house. I would have been able to give my son all finances, turn all things over to him, so that in turn he could help get me into a place that had survivability. The place I have does not. I am in constant danger of the storms. Wanted to move since the insurance was dropped. A storm would take all, I cannot rebuild, evacuating while being dissabled and getting the home ready is terrible to go through. ginnie

[Sonny1]

Ginnie, your story is all to sad but real in this world of greed. I also have no legal knowledge of this situation, but wonder why your son cannot try to help you a bit more? If you are "required" to pay him rent for the taxes and he knows you are broke, can't he kick back some of the $$ to you so you can live? I am not trying to sound mean, but it sounds as if you are at the breaking point and stress makes the illness and pain worse.

There has to be some legal way to get the courts to acknowledge the situation with the part of the family that is trying to sabotage your life. If the court's saw how they were avoiding you or "disowning you", there has to be somebody there to advocate for you..does florida have a legal aide department? Having a trust with a number of people and your financial situation definitely needs some legal advice.

please don't give up, look for legal aide in your county, town...if you can't find any, go to your assemblymen, legislators and up the ladder..these people are all voted into their positions

[ginnie]

Hi sonny, yes I am going through all my options, none present. I have been to the court house, and worked down their list. I don't qualify for much help in any organization I can find. I hope Michael will have some direction. The last agency said I was too young to qualify for their pro-bono work. Too young to be abused? Yes I am at a breaking point, as all finances are going down hill. Nobody can live on 296. Yes my son can and does kick back by putting on a new back door, but he can't actually give me money back. We are commplying with what the agencies expect us to do as I don't want to get caught doing something I am not suppose to. I am so afraid of loosing what little I get I am sick. I loose my food stamps if I do not do this action of paying him $4oo for rent. I paid for this house already and for the life of me I can't fiqure out why I am paying for it again, when my son who will own it, is willing to pay the taxes. Why am I being punished by my government for having this home? Combine this with the loss of my daughter and grandson, and my health, altogether I'm not doing so hot. This must have a resolution as I cannot stay here. My family that does not speak to me, will then get half of what this house is. Sean of course would give me his half. Still I would get nothing as I am not allowed help. I am not willing to give half the home I earned to my cruel family, not now, not ever, it will be over my dead body that I give into this kind of cruelty. I need legal help, no doubt about it and I have a case to present in its entirety. It took me three months to organize into logical secquence with all that had happened. Noone wants to look at it because I am poor. I thought in our country you are allowed legal representation when you are being abused. where is that help? Thank you for caring. it does matter, that is why I came to this site, looking for a miracle I think. ginnie

[ginnie]

My son cannot relate to me as he is absorbed in his own depression. He doesn't want to go through my problems with the family. He would rather remove himself from the problem. He can't deal with his own. I am dissapointed that I have no real support from him He could do alot more, and I do not know why he refuses. He could talk and insist to speak to the family but he does not. He said he already talked enough, they said no. I wrote a letter to the family in Jan. pleading to deaf ears. I have done all I can do other than legal help which so far is not around. ginnie