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The Mothers house was transferred to the daughter years ago. The daughter is financially well off, the son lives on social security after being disabled from a fall nearly 40 years ago. The daughter is doing this out of spite and is willing to spend more on lawyer 's fee than she will get from her brother if she should win her suit. What is morally and ethically right here?? The daughter does not want to share one half of the sale of the house minus what she has paid in maintenance and expenses with her brother.

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This is true about leaving money to someone collecting SSD. A Special Needs Trust maybe able to be set up but I had to do this for my nephew before he could collect SSD. Can't be counted as income. The sister can't get blood from a stone. Surprised a lawyer took it on knowing the brother is on government aide.
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She can sue, but she cannot garnish social security disability at all. If she gave him half the house, it would be like flushing the money down the toilet. Assuming he is low income and Medicaid, his benefits would stop cold. He would get zero until he spends down his half of the proceeds. He may not realize this.
I know a woman who recently died. The house is to be sold and the money split among 5 kids. Three are working. Two are disabled and on Medicaid. It's going to be a real nightmare for those two.
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