My adult son currently receives SSI and EBT benefits due to his mental disability. Will these benefits be affected when he inherits 1/3 of my estate/assets? My home is worth $700,000, and if he and his two siblings decide to sell it upon my passing, will his government benefits cease? Thanks in advance for any advice you can offer.
From the LawyerCentral forum archive. Originally posted 17 October 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
Hello,
I tried looking for the answer to your question on the Social Security Administration's website, and I think I found it under the frequently asked questions. Take a look at this link:
(removed)
I hope that helps! You might consider talking to an estate planning lawyer to see if it would be beneficial to set up a special needs trust for your son in order to protect his eligibility for SSI benefits.
Thank you for your response, Flightline. The Social Security site was helpful, but, as you said, I do think I will have to consult a lawyer to address my concern.
You can create a "Special Needs Trust" for your son as part of your estate planning which will permit your son to continue to receive government benefits. I recommend that you consult with a attorney in your area.
I think his special needs benefits from the government will remain. I would start working with a lawyer and talk through the different situations and options, because you can definitely plan this so there is less stress on your handicapped son and the other children. (removed)
Answers are reviewed before they appear. They are general information from visitors, not legal advice, and do not create a lawyer-client relationship. Do not include private details.
See attorneys near you who handle questions like this one.