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Question

My brother and I inherited money from my dads estate. My brother lives in a state home for the mentally disabled,if he receives any money he can not live there any longer. Is there a legal way for him to refuse the inheritance and award it to me?

Submitted: 33 days and 13 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Texas

Already Tried:
We have put off settling the estate until we find out what to do about this situation. Have asked an attorney and was told that there is nothing we can do. The problem is there isn't enough inheritance for him to live on for more than a year or two. At that point he would have to try and be accepted back in a state home.

Accepted Answer

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

A disclaimer is not an option, but the probate court can set up a special needs trust for him. This is a specialized trust that would have to be created by a court that allows money that is inherited to be placed in a trust for the benefit of the beneficiary without disqualifying him from receiving state funds. The trust provisions provide that the money is to supplement, not supplant any state funds. The trust would be used for things that the state would not pay for (luxeries, etc.) The trust must also provide that upon his death, the state will be paid off from the trust assets (if available). You would need to find an attorney who is familiar with special needs trusts as it is not a common trust.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

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Expert: JaxLaw
Pos. Feedback: 96.7 %
Accepts: 
Answered: 10/20/2009

Lawyer

Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more

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