Asked in Estate Planning, Probate and Social Security for Missouri

Q: My mother is receiving inheritance from her father after he passed away, but she is on SSI in Missouri

We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.

One option to protect her SSI eligibility is to set up a Special Needs Trust (SNT). This type of trust is designed to hold and manage the inheritance on her behalf, ensuring that it doesn't directly affect her SSI benefits. The trust can be administered by a trusted individual or a professional trustee, who can distribute the funds as needed for her benefit, without counting against her SSI income and resource limits.

It's crucial to consult with an attorney experienced in elder law or disability law in Missouri to help you properly set up the Special Needs Trust and navigate the specific rules and regulations related to SSI benefits in your state. They can provide guidance tailored to your mother's situation, helping her secure her inheritance without jeopardizing her SSI assistance.

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