Q: My brother has been on SSI and Medicaid. He received an inheritance but failed to report it right away.
We moved the inheritance into my account so I can help him manage it. Is there any thing we can do to keep him from losing his benefits? Is it too late to move the inheritance into a special needs trust?
A: Your brother can transfer the money to a 1st party special needs trust if he has been determined to be disabled by SSA or Medicaid and is under the age of 65. There is particular language which must be included in the special needs trust for it to meet the requirements for him to keep his benefits, for example, the State must be the designated beneficiary of the remainder upon his death up to the amount of the benefits that he received, with any balance thereafter going to his estate. You should work with an experienced elder law/special needs attorney in your area to make sure that the special needs trust is drafted correctly.
Ben F Meek III agrees with this answer
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