• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is "Social Security" considered a "governmental benefit" in this case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

legalbingo

Junior Member
Is "Social Security" considered a "governmental benefit" in this case?

I have a simple legal question that you might be able to answer for me, my aunt's husband just died and left everything in a Spousal Trust under his nephew's control. My father has set up my aunt in an assisted living facility. My dad's health is not the greatest -- anyway the upshot is that my uncle set up this "Spousal Trust" and has his nephew set up as its Trustee. It is a tiny estate less than $70,000. My father would like to put the money into his sister's own savings account but wants to be sure he can have, his sister, legally request this.

My uncle's New Jersey Will states under the "Spousal Trust Provision:"

"The Trust named for my spouse shall be administered as follows:
Commencing as of the date of my death and during the life of my spouse the Trustee shall distribute to my spouse:
....As much or all of the principal of the Trust as my spouse from time to time may direct in writing: however, should my spouse be receiving governmental benefits, any distribution of income and principal shall be at the Trustee's sole discretion."
------------------------
My aunt only receives simple "Social Security" and no other "governmental benefits," is her "Social Security" considered a "governmental benefit" in this case?
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top