Gershun Asked January 2017
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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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.