L
latomanone
Guest
I'm writing from the state of Florida. My brother in law went to Viet Nam and came back a nervous wreck. He was diagnozed as squizofrenic and his treatment is not to cure him from the disease but to control his behaviour and quality of life. For this reason, he was awarded a 100% disability benefits from the ARMY. He also receives full 100% medical benefits from the Veterans Administration. He could be verbaly anoying or violent at times but most of the times he is like a child.
Ever since he came back he lived in Puerto Rico with his parents. When we moved to Florida in 1994, his parents moved here also. Since they were both aging, their motivation was to provide a secure home and live in a state were he would have better treatment, help and benefits. They were also looking to have more support than the one they were getting from their other son and daugters.
Here, he goes out every day for therapy and other activities he lacked in Puerto Rico. My wife or I take him to all of his appointments. We also take him everywhere we go, including our vacation trips. My brother in law has two sisters and a brother. Both his sister and brother have not cared much for my brother's in law well being. Sorry to say but they also didn't cared much about my father or mother in law's situation. In very few occasions they visited them or volunteer any help. My wife has allways being their right hand providing company, transportation, maintenance and for the administration of the household businesses and chores.
My father in law passed away 4 years ago and thank to our wisdom he had a will giving 100 % of his assets to his wife. You see, in the absence of a will, the PR inheritance law assigns 50% of the assets to the widow and the other 50% to the surviving sons. It is for this reason they were not happy about my father's in law will. They (my sister and brother in law)are trying to dispute this will for a real state property in PR. The law also states that when your brother dies, in the absence of a will his assets are distributed equally among the surviving siblings.
Last year my mother in law suffered a stroke and is now in a nursing home which is paid by her assets and is not costing them any money. Situation is that greed is a powerfull thought and they are already thinking about their mother's and my brother in law assets. It is for this reason that I have a few questions regarding to his case.
1. Is the Will that my father in law signed in Florida valid regarding the house he had in PR?
I am afraid that my mother in law will be forced to sell the house to give this money to them at a moment she needs it the most.
2. Do they have a right as to approval or disapproval of expenditures regarding my brother in law?
Thinking that they will inherit from my brother's in law assets, they do not like my wife to expend much money on his household and personal expenses. Much less on vacation, entertainment and other expenses that will improve his quality of life. They have become a pain to deal with. My wife has been acting as his guardian and administrator. So far my brother in law has a decent home valued at $ 110,000. This is a good home by Florida standards and is right next to our 125,000 home. The house was selected decorated and furnitured by my mother in law using my brother's in law money. She did a good job and the house looks very nice. He also has around $60,000 dollars in CD's.
3. How can my wife have and official absolute power of attorney to protect my brother's in law interest?
4. Due to the mental state of my brother in law, who would assign such a power of attorney? The Florida Supreme Court?
5. Every year we fill out a form to the Social Security Administration in which we state the use we gave to his dissability money. By reading this form it seems that they do not allow him to have investments. Can you tell me if this interpretation is correct? We have filled out this form honestly but I am concern that one day they are going to stop his dissability benefits because we have acted wisely with his money.
6. Is there a guideline, internet site or legal forum where I can get information explaining the benefits my brother in law is entitled to and the use we can give to his benefits on his behalf? I am talking about things starting with VA benefits, preferential treatment for services, small business loans, study, travel, establishing businesses on public locations, ect....
Ever since he came back he lived in Puerto Rico with his parents. When we moved to Florida in 1994, his parents moved here also. Since they were both aging, their motivation was to provide a secure home and live in a state were he would have better treatment, help and benefits. They were also looking to have more support than the one they were getting from their other son and daugters.
Here, he goes out every day for therapy and other activities he lacked in Puerto Rico. My wife or I take him to all of his appointments. We also take him everywhere we go, including our vacation trips. My brother in law has two sisters and a brother. Both his sister and brother have not cared much for my brother's in law well being. Sorry to say but they also didn't cared much about my father or mother in law's situation. In very few occasions they visited them or volunteer any help. My wife has allways being their right hand providing company, transportation, maintenance and for the administration of the household businesses and chores.
My father in law passed away 4 years ago and thank to our wisdom he had a will giving 100 % of his assets to his wife. You see, in the absence of a will, the PR inheritance law assigns 50% of the assets to the widow and the other 50% to the surviving sons. It is for this reason they were not happy about my father's in law will. They (my sister and brother in law)are trying to dispute this will for a real state property in PR. The law also states that when your brother dies, in the absence of a will his assets are distributed equally among the surviving siblings.
Last year my mother in law suffered a stroke and is now in a nursing home which is paid by her assets and is not costing them any money. Situation is that greed is a powerfull thought and they are already thinking about their mother's and my brother in law assets. It is for this reason that I have a few questions regarding to his case.
1. Is the Will that my father in law signed in Florida valid regarding the house he had in PR?
I am afraid that my mother in law will be forced to sell the house to give this money to them at a moment she needs it the most.
2. Do they have a right as to approval or disapproval of expenditures regarding my brother in law?
Thinking that they will inherit from my brother's in law assets, they do not like my wife to expend much money on his household and personal expenses. Much less on vacation, entertainment and other expenses that will improve his quality of life. They have become a pain to deal with. My wife has been acting as his guardian and administrator. So far my brother in law has a decent home valued at $ 110,000. This is a good home by Florida standards and is right next to our 125,000 home. The house was selected decorated and furnitured by my mother in law using my brother's in law money. She did a good job and the house looks very nice. He also has around $60,000 dollars in CD's.
3. How can my wife have and official absolute power of attorney to protect my brother's in law interest?
4. Due to the mental state of my brother in law, who would assign such a power of attorney? The Florida Supreme Court?
5. Every year we fill out a form to the Social Security Administration in which we state the use we gave to his dissability money. By reading this form it seems that they do not allow him to have investments. Can you tell me if this interpretation is correct? We have filled out this form honestly but I am concern that one day they are going to stop his dissability benefits because we have acted wisely with his money.
6. Is there a guideline, internet site or legal forum where I can get information explaining the benefits my brother in law is entitled to and the use we can give to his benefits on his behalf? I am talking about things starting with VA benefits, preferential treatment for services, small business loans, study, travel, establishing businesses on public locations, ect....