2942 Satisfied customers
Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
Verified lawyers, 10+ years of experience
Save time and money. Get specialized help.
2942 Satisfied customers
Hello – My name is Joanne. I am an Ontario lawyer who is happy to assist you today.
Can you tell me more about your question ?
Sorry about the misdirection of your question to ***** since the system sometimes makes errors in categorizing the questions correctly.
I am sorry to hear about this situation.
Can you tell me approximately how much this inheritance would be because ODSP has limits on inheritances ?
In that case, setting a trust fund would be the best so he will not be handling the money. ODSP allows exemptions of up to $100,000 for inheritance meaning that this money will not be counted as assets and $10,000 a year from this trust is allowed. Interest from this inheritance is also not counted as income.
ODSP has specific guidelines as to how this trust is to be set up so that it can be exempted.
Here is the link to the guidelines which clearly explain how to do this. I would suggest that you advise your grandfather's estate lawyer to follow these guidelines. After the trust has been set up, I would also suggest that you double check with your son's ODSP worker to make sure it was done correctly so that the money is exempted.
Hope this answers your question.
You are very welcome. I am glad I was able to help.
Your son's ODSP worker should know about exemptions for trust money from inheritance so you should speak to her to tell her this trust will be set up to get her guidance on this.
Since estate law is not my specialty, it would be best to contact an estate lawyer to get a definitive answer about this.
I am sorry to hear this.
I would suggest that you get a second opinion then from another estates lawyer and show them the ODSP guidelines I gave you.
If you want to speak to an estates lawyer about your case, you or your sister in law can contact the Lawyer Referral Service which is operated by the Law Society of Ontario. You will be given the name of a lawyer whom you contact and who will give you the first half hour of the consultation free of charge. Their number is 1-***-***-**** or ***-***-**** (within the GTA), Monday - Friday, between 9 am - 5 pm.
When I have answered your question to your satisfaction, I will mark your request as a "completed" and then it is finished.
You are very welcome.
Thank you for using JustAnswer.
All the best to you and your son