Legal Question in Real Estate Law in California

My grandmother left a will that includes a portion to be left to my low functioning brother with autism. We are told if we sell the house, he could lose his benefits with the state sine the trust was not a special needs trust. Is there anything we can do to prevent this from happening?


Asked on 1/20/11, 10:09 pm

2 Answers from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

There are exemptions that the proceeds can be transferred that will not disqualify a dependent. There are things such as funeral plans or college funds but it all depends on the situation.

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Answered on 1/25/11, 11:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The trustee should consult with a local attorney specializing in trusts and estates.

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Answered on 1/26/11, 9:51 am


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