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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 460
Experience:  Attorney with 13 years experience.
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I have found out that my siblings have been going behind my

Customer Question

I have found out that my siblings have been going behind my back and slandering me to my Doctor, Social Security because of my Fathers will in which he left his paid for estate to me and my mother. I am a brain tumor survivor and just recently was given a fully favorable decision by a Federal judge and I am receiving disability. My brother and two sisters tried to get my mother to change the will the day of my brain surgery and is the reason I was not able to receive my State retirement after working for 23 years and paying for long term disability coverage all those years which covers my brain surgery to remove most of a tumor by purposely lying to me about my medical condition after brain surgery. They also worked for the State. They also kept information from me concerning my brain tumor not being completely removed which my Social Security attorneys confirmed to me not too long ago and the surgery was performed in 2009. My brother has stated to me I need to fear him. I need to know how I can protect myself and what I did to do now.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

It's appears that you have two separate problems. 1 is the concern for disqualification of Social Security disability benefits from your father's estate. 2 your brother's threat and family contact with Social Security regarding your financial information.

In regards ***** ***** first question, the answer will largely depend on whether you are receiving income from your father's estate or whether you are only receiving an asset. If you are not receiving income, or if the monthly amount is less than $950 per month, then you social security disability should not be affected. I would highly recommend reviewing your father's estate with your Social Security attorneys in order to attempt to structure any assets you inherit to allow compliance with receipt of disability award. If you have not yet received the asset this will be far easier to do. Even if you have received the asset there may be time to restructure if needed.

Regarding the second question, I would suggest filing a temporary protective order or restraining order against your brother or any other family member who has threatened you. This will prevent him from speaking to you and you can also put in provisions to prevent him from speaking to third parties about you. This will help eliminate him reporting information to Social Security disability or other agencies. I would also recommend discussing with your mother not providing any information to brother or other family members voluntarily regarding your father's estate or any of your finances. You obviously know that they will use any information they can get against you or lie about it. You need to isolate information from them wherever whenever possible. You need to get your mother on board with this idea of protecting information.

I hope this information devices helpful and I wish you the best of luck with this difficult situation.

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