What are the legal ramifications regarding distribution of an estate when one of the heirs is mentally ill and also a drug addict?

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My Mom's estate probate is finally done but now we have another problem. My brother is schizophrenic and is living in a halfway facility where he can stay if he continues his medication. But we have recently discovered that he is abusing drugs and are worried about giving him is rightful inheritance under these circumstances as he may fritter it away on drugs. We know legally he is entitled to it but are there any provisions where we can arrange to legally keep it in trust for him and give it to him in increments. Keeping in mind that I live in Canada so our laws may be slightly different here than in the states.

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Barbara, That is it, exactly. A special needs trust.

Gershun, If the brother is there in the halfway house by a court order, this would allow for any attorney to have a judge order the funds be protected on his behalf, one would think. But I really don't know. It is so good of you to be considering your brother's best interests.
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Www.plan.ca might be of some help
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Don't know about Canadian law, but here in the States you would look into a Special Needs Trust. I would think that the executrix of the will would be empowered to set that up. But yes, consult a lawyer on the estate's behalf.
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This is a very sticky situation and I'd advise you definitely get legal advice with this situation and quickly. You (or whoever is in charge of distributing the inheritances) could be held liable for not dispersing and be made to pay interest on the moneys withheld, depending on the laws. You might check with the Lawyer who filed your mom's probate for you and see what he has to say. Since he filed the probate he might give you some free advice. Good Luck!
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