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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32329
Experience:  Began practicing law in 1992
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My 74 yr old brother is mentally disabled and on SSI. My other

Customer Question

My 74 yr old brother is mentally disabled and on SSI. My other brother says he has conservatorship but will not show the family documentation. This brother used our moms credit cards to the limits and we now think he is using the money my mom left to our disabled brother. Mom left $33,000 in a special needs account. My brother and I opened a trust account for our disabled brother.....after a few weeks my brother transferred all the money into his personal account. We have asked for an accounting but so far nothing. Our mother died in 2010 and the $33,000 she inherited went to our disabled brother in 2011. Because of my brothers track record of abusing our mother financially was bad, he and I were supposed to handle the trust account. What can I do to find out if he is the conservator and how he is spending my disabled brothers money. Also, he will not allow me to see my brother and since they both live together and my disabled brother will not come outside.
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

There is no way short of court for you to find out what he is spending the money on or to have him account for the money.

JD 1992 :

You can check with the local probate court to see if he has gotten a guardianship, it would be in your brother's name.

JD 1992 :

If he was the guardian then he shouldn't have mingled the monies into his account.

JD 1992 :

In addition, a special needs trust can only be used for limited purposes.

JD 1992 :

Are you there?

JD 1992 :

It looks like the chat function may be having a problem. I'll switch this to a Q and A format.

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