Oakland, CA asked in Estate Planning for California

Q: Will my special needs daughter lose her section 8 benefits if I put the house I rent to her in her special needs trust?

How can I assure that my daughter will be able to continue living there after I die?

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1 Lawyer Answer

Scott Jordan

Answered
  • Estate Planning Lawyer
  • San Ramon, CA
  • Licensed in California

A: It's hard to say without additional information. However, generally, since your daughter does not control the SNT, she does not have ownership of the house. Since she is not the owner, her section 8 should not be affected. Except that since the money is being paid to her SNT as rent and that money is for her benefit, then section 8 could be terminated. I would suggest consulting with a local estate planning attorney who can investigate this for you and perhaps find alternative ways to protect the house for your daughter's benefit.

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