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Disabled Beneficiary of Life Insurance

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Old 01-22-2008, 11:50 PM     #1
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Default Disabled Beneficiary of Life Insurance

FLORIDA: My mom had a life insurance policy and a 401(k) that she named my disabled sister directly as the beneficiary at the advice of an attorney. My mom past away last year and requested that I be guardian over my sister which I was appointed this past month in court. The attorney didn't explain my mothers options to her very well because she would have set things up differently had she known by leaving all this money directly to my sister the way she did that her SSI & Medicaid benefits would be in jeopardy.

Can't I as her guardian take the money and put the assets in my name so she doesn't lose her benefits?

Can a special needs trust be established after the payout?
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Old 01-24-2008, 12:00 AM     #2
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Default Re: Disabled Beneficiary of Life Insurance

There are many options but we normally recommend you have a brief meeting with a reputable financial planner first--then all options including trusts, gifts etc. can be carefully reviewed by you depending on your individual circumstances--options do vary widely depending on the details in this area of planning.
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Old 01-24-2008, 01:21 AM     #3
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Default Re: Disabled Beneficiary of Life Insurance

Thanks for the response.

I guess my question is really more of is there any legal ramifications with me doing anything with the money since there was no trust established or nothing in the will that states that I have to do this or do that with it?
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