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I have a 54 year old brother who is disabled, because he is…

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Hi. I have a 54...
Hi. I have a 54 year old brother who is disabled, because he is a paranoid schizophrenic. He lives in FL. He works part time, within the allowed hours, at a supermarket. He has worked for this supermarket, for many years, long before he went on disability, so he has a small 401(K) plan, and a profit sharing plan. Maybe the two add up to $40-70,000. He never has any money, even before disabled, so really afford to pay for anything, except, food, rent and a little more. We have a 91 year old mother, who doesn't have much, maybe $40-$50,000, and is slowly going through it, a little at a time, to supplement Social Security. This is the specific situation. It took me years to get her to change her will from leaving it equally to the two of us, instead 50% to me and 50% to the estate of my brother. She never set up an estate, formally, because she doesn't have the money. She went to a real attorney that set up a quassy will stating this. So, I am concerned with two major things. One, if she passes, and there is any money left, what/where do I put any monies for my brother. Oh, this is important. He lives in HUD Housing, and, again, is on disability, and works a little. They allowed him to go on Medicare Disability (not Medicaid, because the supermarket wouldn't let him be on their plan anymore, because he doesn't work enough hours. He also is under the umbrella of mental health for his county, in FL, and when he has a relapse now, he can go to their local, acute hospital, for free, instead of going to the larger, public hospital, in another town, that has a Psych ward. I know that they change his rent, on the drop of a dime, if he makes any more. What do I do to protect any money that may be left from my mother, for his future needs. I have a special needs son, so we set up a full blown, special needs trust, and i understand the difference, but, based on the money my mother and my brother have, they can't afford to do what I did for my son. I am in CT, but, they are in FL. Again, if my mother passes, what do I do to protect it, from the GOVT that is looking to take it, by increasing his rent, changing what he receives from disability, etc. In addition, my brother's supermarket 401 (K) plan and profit sharing are still under the supermarket's plan. What do I do, if he leaves the company, or retires, to protect it, and keep it as a supplemental trust, and make the system pay first. This is VERY IMPORTANT, so please let me know.
Submitted: 5 months ago.Category: Estate Law
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Answered in 1 day by:
11/19/2017
Estate Lawyer: Dwayne B., Attorney replied 5 months ago
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Estate Lawyer: Dwayne B., Attorney replied 5 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Estate Lawyer: Dwayne B., Attorney replied 5 months ago

No one is going to be able to tell you exactly what you need without doing an in depth interview and discussion in person and then likely examining certain documents.

However, it sounds like the best route to g would be a trust for your brother, and likely a Special Needs Trust (SNT) would be the best option. A SNT is designed just for people with special needs due to a condition, an illness, or a disability as that term is defined under the law. The money in the SNT won't be counted for tax purposes or to disqualify the beneficiary from any governmental benefits but can be used for special items they need. For example, if the person with the SNT needed a special ramp to enter their home and no government agency would pay for the ramp, then the monies in the SNT could be used for that.

The only negative feature about the SNT is that when the beneficiary pases awat, the monies in the SNT revert to the state and can't be left to anyone else. If the funds are handled correctly, there usually isn't much, if any, money left in there anyway but some people still have a concern about this.

There are other types of trusts that can help as well but the SNT was designed specifically for issues like this and usually fits best.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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