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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36928
Experience:  Texas lawyer for 30 years in Estate law
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Mother has just passed away and my brother and I will

Customer Question

Mother has just passed away and my brother and I will receive inheritance. My brother is on SSDI and title 19. He is worried either benefits will stop and/or they will try for compensation of past paid benefits, He thought he heard this would happen.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

If he receives SSDI this is not a problem.If he receives SSI it is a problem and he will need a master pooled trust.This is a pre existing trust and the money is exempt as a resource.He has a sub account like a savings account.The money is paid directly to the account, he cannot touch it here.

Reference to SSDI..

http://www.disability-benefits-help.org/blog/inheritance-ssdi

If it is SSI then here is a list of master pooled trusts for all 50 states.

http://specialneedsanswers.com/pooled-trust

SSDI is based on having enough wages and then disability, SSI is for people lacking the wages so it is critical they know what they get as whether there is a problem or need for master pooled trust.

If you end up needing a MPT then just call the places for your state, they are happy to talk to you about it and can help you set it up.There is no need for a lawyer, these are pre existing trusts approved by medicaid.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.
I have asked and he is definitely on SSDI.
Part of the inheritance will be a home which will need to go to probate, the funds when recieved in a number of months from this will also not be an issue?
The rest will be retirement accounts one of which needs to be cashed out and one will be transferred into his name but then does have a requirement of pulling x% out each year thus creating an income, any of this that will be an issue?
He will be going on medacare at the end of the year, will this also not be a problem?
Expert:  RayAnswers replied 1 year ago.

If he is one SSDI here and medicare it is not an issue.If he was medicaid or SSI it would be an issue.Looks like this is not going to be a problem since he is on SSDI/medicare.They do not have financial restrictions like these other programs.Inheritance has no effect on SSDI or medicare here.

Thanks for the follow up.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.

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