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My sister is disabled and on social security she will be receiving an inheritance, a one time gift on a beneficiary account and

Salinas, CA |

also, from estate money. The problem is her husband who wants to take the money and hide it in a safe in the house. This makes me suspicious. Who is he hiding it from? I don't believe he is a good steward of the money. She wanted a monthly payment. Is there anything I can do to protect my sister. My sister suffers from a brain injury but she is not stupid. They are not young and he is ill. He let slip he owes a bank money. And through the years has always called to borrow money. I think he is playing the system. Help.

Attorney Answers 3


I hope that the person from whom she will be receiving the inheritance has not passed away yet. If still alive, that person has the chance to set up an irrevocable trust for the benefit of your sister with someone other than her husband as trustee. This could protect her if she ends up on needs-based government assistance down the road; and it keeps her husband's hands off of it.
To the extent that your sister can, if it's too late for the above Plan, she should consider setting up her own trust for her benefit and sock the money in there before her husband can get to it.

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Your sister needs to speak to an elder law or disability attorney and SHE needs to make the decision regarding what is best for herself. There is nothing you can do, legally, to protect your sister from making the decision to take a lump sum payment. You can, however, encourage her to seek professional advice and even assist her in obtaining that advice. Good luck.

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You are in a difficult situation. You should talk to your sister and explain that her Husband may be committing fraud in her name. It would be best if you could convince her to talk with an attorney about this matter so she can make an informed decision before things go to far.

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