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Estate inheritance vs. SSI? |
An elderly woman owns a home and is not expected to live much longer...She has 2 adult sons that still live at home. She has placed the home into the sons' names. The younger son (in his 40's) has been receiving SSI benefits for the past 20 yrs due to mental health issues....Question: when the mother passes and the sons sell the home, will SSI be able to touch his portion of the estate? The short answer is yes. The way to solve this is to transfer his money into a special needs trust. These are tricky. You'll need an estate planning attorney or social security attorney to do this for you. I'm a lawyer and I don't feel competent to do a special needs trust. The benefit allowances change every year and vary from state to state based upon what each state considers poverty level. Do this before the mother dies. Unfortunately, these are difficult and not cheap. I'd expect to pay $1500 for one in my state, but it sounds like money well spent. Great answer above me. SSI is based on income,so any kind of inheritance would affect his benefits.More than likely,he would be cut off. I'm not sure if they could come after him to repay any of the SSI back if he came into a large amount of money or not. I had to pay welfare back when I got my back pay from disability. It would be best to talk to a lawyer. |
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