Legal Question in Wills and Trusts in Florida

My 59 yr old brother (a resident of Florida)is on SS Disability and receives medicaid benefits. How can his benefits be protected when he receives money from the sale of our deceased father's Florida homestead (about $25,000 -$30,000) I read about a special needs trust...how does that work and what is the cost of establishing it?


Asked on 7/25/12, 10:32 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

He need a Supplemental Special Needs Trust since there are medicaid issues. Fee runs $1,500-$2,500. This would entitled him to use the funds for his special needs.

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Answered on 7/25/12, 11:46 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

My experience is that the trusts cost more in the range of $4000. Find a local attorney who understands them and do it sooner than later. The trust funds cannot be used for sustenance or housing that is a requirement.

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Answered on 7/25/12, 12:52 pm


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