Legal Question in Family Law in Colorado
I live in Colorado and my question is. I have a brother that has alcololic dimensia and is in a state retention facility, because of domestic problems with his wife. I feel eventually he will end up in a state run facility for the rest of his life due to his mental capibility. My mother is still alive and owns her home and has other assets. Will the state attache these assests since my bother is in her will? And if so should my brother be removed from her will?
Thanx for your assistance.
1 Answer from Attorneys
Disinheriting him when you don't know for certain what his future holds is a drastic step. For asset protection purposes, I would instead consider setting up a "spendthrift trust" for him in the will, which is simple for an attorney (i.e., not expensive to do generally). That would provide asset protection without leaving him penniless and you'd have the trustee managing the inheritance for him.
If he is mentally (and/or physically) disabled (and under age 65), you would want to consider using a supplemental needs trust (a/k/a, a "special needs trust), which also can be included in the will. A supplemental needs trust is a trust in which the assets are not counted as his assets with respect to his eligibility for certain government benefits, such as Medicaid. I do this sort of work in Colorado if you need further assistance. Hope this helps.
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