Legal Question in Wills and Trusts in California
Inheritance For Disabled Adult In Care Facility
My husband and 4 sisters are due to each inherit $12,000 from a trust from an uncle who died. One sister (48 yrs old) is disabled from lupus and rheu. arthritis and resides in a care facility. She is not married but has grown children. I heard that any inheritance that she receives will go directly to the state - that she's not ''allowed'' to get any of it. First, is this true? If so, is there any way to keep it from the state and put it in a trust for her kids or... Lastly, does she need an attorney? Thanks so much. You were my first stop before making phone calls.
2 Answers from Attorneys
Re: Inheritance For Disabled Adult In Care Facility
A Special Needs Trust may help your sister's situation. I would need to know more about your sister to be able to advise. If you need help on this matter, please contact me at [email protected] or call my office at 818-340-4479.
Mina Sirkin, Esq.
Certified Specialist in Estate Planning, Probate and Trust Law, State Bar of California Board of Legal Specialization
Re: Inheritance For Disabled Adult In Care Facility
It sounds like she needs the money distributed through a "special needs trust." This must be done before she receives the money, and can be set up by the current trustee, court order, or the current trust may even have a special needs provision already there. Have an attorney review the trust to see what the options are.
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