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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118776
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my brother is disabled and owes back child support. I am his

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my brother is disabled and owes back child support. I am his payee and have a fuduciary account for him. My mother died recently. Can the goverment take his inheritance for back support in Nebraska?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
Yes, for child support they can indeed attach his inheritance from him. If the inheritance is set up in an irrevocable trust however, they cannot get to that money UNTIL it is taken out of trust and given to him and then they can take it for the arrears. You need to sit with the estate and trust attorney to explain your brother's situation so they can protect the inheritance as best they can for him.

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Customer: replied 6 years ago.
Thanks. How does the goverment get the information about the inheritance? It is a small estate so is not going through probate.
Expert:  Law Educator, Esq. replied 6 years ago.
It gets reported through tax returns, or it is supposed to, even if taxes are not due.
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