Neither SSI nor SSDI are asset dependent benefits - meaning a person's wealth does not factor in to qualifying for benefits. There is an income limitation for SSI beneficiaries, though, but your question is just about owning certain assets. The sole purpose of a special needs trust is so the beneficiary can qualify for medicaid benefits, which as opposed to SSI and SSDI is based on a lack of wealth. But a residence/house is excluded from the calculation of wealth for medicaid qualification and a residence/house continues to be excluded even if not occupied by the beneficiary - if occupied by the beneficiary's spouse.
Are you contemplating having the trust purchase the house or is this something that your brother and his wife are going to do on their own?
At your brother's death, who gets the remaining trust money/assets?
The trust is purchasing the house to be in the name of himself and his wife. At his death, remaining trust money/assets go to his wife and children.
The question is whether having his wife down as owner as well as himself, does this dilute or damage his protected status?...in other words, is there compelling reason for it to be in his name alone?
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