• 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.

Mentally Ill brother in law - Inheritance in Trust

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

maytwins23

Junior Member
What is the name of your state? New Jersey

Hi ... My mother in law recently passed away, leaving an estate of about $60,000. My husband has a sister and a brother who is paranoid schizophrenic. He receives Social Security Disability each month. The majority of that money is spent on his housing in a terrible boarding home. What he does have left, he spends on cigarettes and alcohol. He always claims he has no food, and yet he brags that when he panhandles, he will take in about $100 a day. He never has any money. We have been living with this problem for years and have tried everything possible to help him. He truly is mentally ill.

In the will, my husband and sister in law are co-executors. My brother in laws portion was left in trust for him. We know that he will demand the full amount of his inheritance but we are geared not to give it to him. The money would be spent on alcohol and would be gone in no time. He might also get hurt if the shady characters that he lives with know that he has money.

My question is ... the family does not want to jeapordize his Social Security Benefits. He truly needs these benefits. We want to be able to enhance his quality of life by subsidizing a better housing arrangement for him with the inheritance money.

Will his social security benefits be terminated because of this inheritance?
 


rmet4nzkx

Senior Member
maytwins23 said:
What is the name of your state? New Jersey

Hi ... My mother in law recently passed away, leaving an estate of about $60,000. My husband has a sister and a brother who is paranoid schizophrenic. He receives Social Security Disability each month. The majority of that money is spent on his housing in a terrible boarding home. What he does have left, he spends on cigarettes and alcohol. He always claims he has no food, and yet he brags that when he panhandles, he will take in about $100 a day. He never has any money. We have been living with this problem for years and have tried everything possible to help him. He truly is mentally ill.

In the will, my husband and sister in law are co-executors. My brother in laws portion was left in trust for him. We know that he will demand the full amount of his inheritance but we are geared not to give it to him. The money would be spent on alcohol and would be gone in no time. He might also get hurt if the shady characters that he lives with know that he has money.

My question is ... the family does not want to jeapordize his Social Security Benefits. He truly needs these benefits. We want to be able to enhance his quality of life by subsidizing a better housing arrangement for him with the inheritance money.

Will his social security benefits be terminated because of this inheritance?
Please consult an attorney specializing in elder or similar law, your BIL needs a "special needs trust" This is an exacting process and must be done with a competent attorney and also approved by Social Security. Does he have a rep payee? You may also want to get info from your local chapter of NAMI.
 

BlondiePB

Senior Member
My brother in laws portion was left in trust for him. We know that he will demand the full amount of his inheritance but we are geared not to give it to him.
What matters are the terms of the trust, not what BIL demands. I agree about the Representative Payee and Special Needs Trust. See a good attorney asap.
 

Find the Right Lawyer for Your Legal Issue!

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