Legal Question in Wills and Trusts in California

My sister is on state disability in California. I am the executor of the estate. She will be receiving a very small amount as a beneficiary. Do I have to distribute all the funds to her and have her loose her disability benefits or can I distribute the funds over years in amounts that will not cause her to loose her eligibility? Thank you.


Asked on 10/03/09, 6:09 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The will prevails. Generally, the executor has discretion to do what's best for the estate and the beneficiaries. However, even if the estate is holding her money, it might be considered already vested in her. You might consult with a probate attorney in your area to figure out how to protect your sister's finances.

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Answered on 10/04/09, 3:49 am


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