Columbiana, OH asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio

Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to be distributed to his heirs. (Me and my sisters). Will Supplemental Security Income that he received for 10 years have to be paid back from the money put into his estate after his death, before we can receive any part of it? Thankyou for your time

2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Licensed in Ohio

A: SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to your grandfather's estate, then recovery may be required. All in all, the situation is too complex for a definitive answer on this forum. I recommend sitting down with a probate attorney to review your situation in detail and advise you.

NOTE: The answer to this question is provided for general informational purposes only. Mr. Popp provides answers on this forum as a free service to educate and inform the public. Statements made are not legal advice particular to your situation, and no attorney/client relationship is formed through interactions on this forum. If you rely upon any part of this response in making any decision related to your situation, you do so at your own risk. Additional facts, or a change in circumstances may change the answer provided, and a full consultation with an attorney should take place before action is taken. Attorneys are generally prohibited from soliciting clients, and the individual seeking legal advice must initiate direct contact with the attorney or law firm to set up an appointment.

Aaron Epling and C. Lawrence Huddleston III agree with this answer

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Estate Planning Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Mr. Popp's answer is perfect. If the Executor has not consulted with an attorney, he or she is foolish. Estate administration is much more complicated than most folks know. If you screw something up, you'll spend much more money getting it corrected.

1 user found this answer helpful

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