My son died 18 months ago. He was disabled & had a trust account set up from a lawsuit we had settled on his behalf. The proceeds were divided among his heirs (his father and I) as directed by the trust agreement as well as the the probate court in January 2016 where it was also decided they would be the executors of his estate. The funds were to be dispersed by March or April. I had received a statement from the bank that holds the account & it was zero with no explanation. After a few phone calls, I learned of DADS intent to file for recovery of in excess of 600K. The trust itself has a cash value of less than 200K and it is being held in a "special account" pending this NOI. Besides the bank not being forthcoming with monthly statements now that the trust itself has been liquidated, I have to wonder if there is a time limit DADS must adhere to regarding recovery. I'm also wondering if the proceeds are somehow off limits to them since provisions of the trust stated the balance was to pass to my son's heirs.
My son lived most of his adult life with his father as we were divorced and he was his guardian. I have just learned his father passed away Sunday & now have to wonder if that, too, has some bearing on all of this.