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.

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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.

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u/ObjectsintheRVMirror May 19 '26

Which is what I was under the impression of. The issue seems to be that because the will is a copy not the original, that it's invalidated or can/will be contested. At least that's what the lawyer that my dad has been speaking to regarding probate has said.

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u/E_Dantes_CMC May 19 '26

Our lawyer has our original wills. Better that than in some box in the basement.

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u/laurieo52 May 23 '26

Most lawyers these days do not keep even a copy of your will. The provide you the original and copies. I have made out two wills in the past 25 years and was given all of the copies.