Victorville, CA asked in Public Benefits for California

Q: Is there anyway for her to receive this inheritance without her becoming ineligible for SSI and medicaid insurance?

My mom is on SSI and my grandparents passed away and she is going to be getting 40,000 dollar inheritance. Her medication every month costs thousands of dollars and she also just started seeing a specialist that I know is super expensive to see. So losing her Medicaid health insurance would definitely be detrimental to her health.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, receiving a large inheritance can affect eligibility for Supplemental Security Income (SSI) and Medicaid (Medi-Cal in California). However, there are legal avenues to manage this inheritance in a way that preserves these essential benefits. One common strategy is setting up a Special Needs Trust.

With a Special Needs Trust, the inheritance is placed in a trust specifically designed for beneficiaries with disabilities. This trust allows for the inheritance to be used to enhance the quality of life of the beneficiary, covering expenses like education, therapy, personal care attendants, and other needs not provided by government programs, without affecting their eligibility for SSI and Medicaid.

It's crucial to consult with an attorney experienced in special needs planning to ensure the trust is properly set up to meet legal requirements and to provide the best protection for your mother's interests. They can guide you through the specific rules and the best options available under California law. This way, your mother can retain her critical health coverage while still benefiting from her inheritance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.