Legal Question in Wills and Trusts in Pennsylvania

I have a disabled daughter and niece, I want to leave my house to my brother-in -law with life time tendencies for both my daughter and niece. How do I do this and is it advisable?


Asked on 7/11/16, 9:55 am

1 Answer from Attorneys

I would not leave the house directly to the brother-in-law; he is not obligated to use it for the daughter and niece. I would set up a testamentary trust in the will, naming the brother as trustee if you wish, and leaving the house in trust. Does the daughter and niece get any kind of government benefits? If so, then maybe you want to do a special needs trust. These things have to be worded just right. I would strongly suggest that you consult an estate planning attorney who is familiar with these things so that the attorney can discuss the situation with you and devise the best method for seeing that the assets can be used for the benefit of your daughter and niece without messing up any entitlement to benefits for them.

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Answered on 7/11/16, 4:17 pm


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