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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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My niece is on long-term SSI (depression,emotional, & physical

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My niece is on long-term SSI (depression,emotional, & physical problems) and is renting a house from her Mother (my sister). My sister is trying to get her will set up and wants to leave the house to my her daughter, who is afraid she'll lose the SSI. This is in New York state. Can it be put is trust for her via the will with stipulation she'd live in it for her life-time, or with a legal person shown to be in charge of her living in it and using any pro-ceeds from the estate left for her to do any work required on the house? What do you suggest?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

William B. Esq. :

While I cannot give you specific legal advice, such as telling you what you should do with your sister's property, I would suggest that you consider or look into the possibility of a special needs trust.

William B. Esq. :

A special needs trust is often used to give someone with special needs or a disability the use of property or money but avoid the implications of income or assets that would otherwise deprive them of public benefits.

William B. Esq. :

I do not know whether or not you have looked into this option, or whether your niece would qualify for this type of trust, but it is something that is very helpful for those suffering from chronic disabilities.

Customer:

This sounds good, and I thank you for your assistance. How would I go about finding an attorney that does that? Should I just inquire under that heading for our area on tghe internet?

William B. Esq. :

You can look for an attorney that specializes in special needs law (if you can find one of these they will be experts at special needs trusts), an elder care attorney, or a trusts and estates attorney. If you cannot find one of these, a general practitioner should be able to assist you. Setting a special needs trust up is not too complicated, but it is important to ensure that this is appropriate for your niece.

Customer:

Thank you very much, Bill. We've been kind of racking our brains over this, and it was brought to the forfront recently by a lengthy hospital stay for my sister. Thank you, XXXXX XXXXX very much.

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