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[quote=Anonymous][quote=Anonymous][quote=Anonymous]OP is your husband and or the other sibling listed as secondary beneficiaries? Usually a SNT stipulates who the beneficiaries are or that the trust goes to the estate and heirs of the creator upon the death of the SN beneficiary.

The uncle has either already taken the money or has been moving it into his accounts and businesses.

If the siblings are secondary beneficiaries then you have legal standing. Annual updates and accounting of trust assets and spend is a basic fiduciary responsibility. A lawyer will start there compelling the uncle to provide accounting. If he still refuses, the court can compel bank statements so you can see where the money went. [/quote] OP here. Yes, the other two siblings do receive the trust assets upon the death of the beneficiary, according to the trust document. Do people take this angle (claim a legal interest and thus have greater access) when the beneficiary is still alive? I’d think the siblings would feel greedy asking where the money went that they would not be entitled to unless their brother died. Yes, I am asking this, but more from concern for the beneficiary right now.

The lawyer who put the will and the SNT together is deceased. The whole estate was not put in a trust apart from the 1/3 share in the SNT, so it had to be probated and it cost a lot in estate taxes, etc. at the time. Incompetence from the start.

The SSDI is like $200 a month and is based on his very short (teens-early 20s) work history in low wage jobs.[/quote]

OP, you are right something is way off here. His needs outside fo SSI and Medicaid sound very modest, like maybe a few thousand a year? If you have the money to do so it sounds like you should speak with an attorney who is familiar with special needs trusts and see what can be done. I do like the angle of asking for records so that you can understand the needs going forward. Maybe try that first.[/quote]

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