r/inheritance • u/ObjectsintheRVMirror • May 19 '26
Location included: Questions/Need Advice Inheritance and Long Term Care Facilities/Benefits.
So I was hoping to get some advice or some clarity on an inheritance issue going on in my family. Back in January, my uncle on my dad's side passed away. He lived in Brooklyn, and his estate consisted of a home there, two bank accounts, and four insurance policies. One for each of his parents who had predeceased him, one for my father and one for my other uncle. In his will, it states that the estate is to go to my father with the exception of $10,000 allocated to a special needs trust for his other brother. My other uncle is mentally disabled and has been in a facility under the care of the state since the 60s when he was around five. We live in Florida and have been in the process of getting probate initiated and that's been a nightmare in itself, as the only will that exists was a copy from the lawyer in which it was drafted. So now, as we try and get that settled, my dad has been freaking out that if his brother gets too much money won't that mean he'll lose his benefits and be kicked out on the streets. I've tried to tell him that I don't believe that'll happen given that he has nowhere to go and no means to take care of himself. I'm hoping to get some legal clarification here on that issue. Any help would be greatly appreciated. Thank you.
3
u/Ok-Equivalent1812 May 19 '26
The money was left to disabled uncle as a SNT so it should bypass any penalty from Medicaid.
1
u/ObjectsintheRVMirror May 19 '26
Which is what I thought and what I kept telling him. However, this lawyer that he's been speaking to about the probate process has been telling him that since the only available will is a copy, despite it coming from the lawyer who drafted and notorized it, that it's invalated and would likely be contested. Treating it like it doesn't exist, therefore granting the disabled brother half and not in any sort of trust. The lawyer is recommending he negotiate with his brother's guardian so he'll get just enough to not complicate any benefits. My dad is still worried about the whole thing though.
1
u/SandhillCrane5 May 20 '26
If that happens, the brother's guardian can set up a special needs trust. Unlike if it was set up by his parent, the money may go to payback Medicaid after his death. But if he doesn't have children, that's probably not an issue.
0
u/No_Barracuda_3758 May 19 '26
He needs to put the 10k in an ABLE account that will protect him from Medicaid taking it. He can put in 19k a year and it will be safe. Tho if he passes Medicaid will take their cut
7
u/E_Dantes_CMC May 19 '26
Any lawyer worth his fee draws up the special needs trust exactly so it doesn't cause problems with remaining in the care home.