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gfofstuart · Feb 26, 2008, 09:21 AM

My youngest son(8) has severe cerebral palsy. I have care for him by myself with no support from his dad. His dad has not paid support or has helped in any way. My son is very fragile and ill and has a significantly decreased life expectancy. I am forever in and out of the hospitals. His dad doesn't even help by caring for his other two children when I am away. I have to get family members to look after them. My son has a large trust fund set up for him and I just found out that when he passes away, his dad gets 50% of the inheritance and if I should predecease my children and then my son passes, his dad gets 100% of the trust. Which includes the house I live in and have raised my family. How is this fair? He doesn't know this because he isn't aware of the terms of the trust. If I could get him to sign off his rights to his son, would that stop him from getting that money? Or am I cursed forever because he was a sperm donor? This man is truly a dead beat, he is unable to keep a job, is constantly moves in and out of province, doesn't see his children or care too yet will hit the jack pot when his child dies. There has got to be a way to fight this!

ScottGem · Feb 26, 2008, 10:02 AM

Who established this trust? Under what conditions? No signing away his rights, even in the unlikely event that would be allowed, would not affect the inheritance.

You need to get the terms of the trust changed if you can.

ebaines · Feb 26, 2008, 02:24 PM

You mention that you have more than one child - I would have expected that the terms of the trust would have the assets go to one of his siblings, as opposed to being split between his parents. Can you talk to whomever set the trust up to see about changing the terms?

gfofstuart · Feb 26, 2008, 02:44 PM

The trust is only set up for my disabled child, they call it future care costs. Upon his death, the condition of the trust is that everything in my son's estate goes to his heirs; which in this case are myself and my ex. I can go to the supreme court and try to get a change of order, however, because this lawsuit originated in BC, I would have to go to there. It would be costly and a long shot, since I would be fighting a change of and existing law.

ScottGem · Feb 26, 2008, 04:11 PM

Does it say that it will "go to his heirs" or to his father. If it just says heirs, you may be able to remove the father as a heir. You need to consult an attorney to see if that is possible.

gfofstuart · Feb 26, 2008, 04:14 PM

The definition of 'heirs' is the parents. Should one parent be deceased, then the entire inheritance goes to the surviving parent.

Fr_Chuck · Feb 26, 2008, 04:31 PM

Who set the trust up, can I assume this was from some insurance settlement or law suit settlement.

This is one of those cases where it may be proper to go and try and take the fathers rights away, The judge will seldom do it, but with the serious medical needs, and the obvous issue that the father may not care for him if you passed. I would see if you may get his rights taken away and a order to appoint a guardian for the child if you pass first.

Not sure it is possible, this is far beyond my law knowledge, I have took on two trusts in my life time and lost both times.

As for a dad like this, I wish there was a dead beat dad prison

jp242 · Feb 27, 2008, 01:00 PM

Actually, a TPR is probably your best bet here. In many states (and you will need to look up the law in your state) termination of parental rights terminates the rights of inheritance in both directions. The child cannot inherit from the parent whose rights were terminated (nor from any of his relatives unless the child is specifically named in the will) and the parent cannot inherit from the child.

gfofstuart · Feb 29, 2008, 06:22 PM

I've have decided that when that time comes that my ex will get half of his deceased son's inheritance, I will take him to court for back payment of child support, aske for support payment for each child up to 18 years old paid up front. Pain and suffering of raising a severely disabled child by myself and pain and suffering for his other two children who have been placed on the back burner because I am so busy with their brother and for abandonment by their father. Hopefully a judge will agree! Thank you for all the advice!