Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I’m helping a man on SSI, Medicaid and food stamps in PA. He…

Customer Question
I’m helping a man on...
I’m helping a man on SSI, Medicaid and food stamps in PA. He is inheriting a $13,000 annuity. He wants to use the money to pay upfront for rent for let’s say 4 years in one lump sum. Will this be counted as a resource or disqualify him for SSI, PA Medicaid, or PA food stamps? And will this be considered in kind Support for the pro rated amount every month?
Submitted: 4 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 minutes by:
12/7/2017
Estate Lawyer: RayAnswers, Attorney replied 4 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,384
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

It would be counted for SSI and medicaid.The way around this is a Master Pooled
Trust. AN MPT can be opened, they are exempt as a resource and have money paid directly there.Any funds disburse from the MPTs are exempt.

You can find out about these here.

https://www.achieva.info/

http://www.arctrust.org/arctrust/

http://www.charitiespooledtrust.org/

These are premade and approved trusts.You have a sub account like a savings account.This would prevent him from loosing eligibility.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

More

he Arc of Delaware County and The Arc of Chester County
The ARC Community Trust of Pennsylvania
Pat Leo(###) ###-####br />*****@******.***
http://www.arctrust.org

The Arc of Greater Pittsburgh (ACHIEVA)
ACHIEVA Family Trust
***** *****(###) ###-####br />Toll Free:(###) ###-####br />*****@******.***
http://www.achievafamilytrust.org

The Arc of Mercer County Foundation
The Arc of Mercer County Master Trust
Robert Beach(###) ###-####br />*****@******.***
http://www.mercerarc.org/pooled-trust-program.html

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Special needs pooled trusts are run by nonprofit organizations set up to expertly and efficiently administer a master special needs trust on behalf of individual beneficiaries with disabilities. Assets are combined and invested together; funds are spent on beneficiaries in proportion to their share of the total amount.

No two pooled trusts are exactly alike. Each has its own fees, menu of available services, and contracts under which it operates. Some offer many options, complicated contracts, and complex fee schedules. Others offer a single agreement and an easy-to-understand fee schedule. Some are organized to provide complete care of beneficiaries while others just manage the money in an appropriate manner.

But whatever their differences, all pooled trusts share some basic pros and cons worth considering.

Benefits of Pooled Trusts

Here are some advantages of pooled trusts:

  • The people managing the trust and its assets will be knowledgeable about agency rules regarding income and resources and will be able to deal with any questions from the SSI or Medicaid programs.
  • The trust directors usually are relatives of people with disabilities and are attuned to that community.
  • Even if you don’t have a lot of money to leave to your loved one, a pooled trust can give your loved one the benefits of a special needs trust.

Limitations of Pooled Trusts

While pooled special needs trusts work for many people, they do have some important limitations that you should consider . For example:

FEATURED LISTINGS FROM NOLO

Featured Estate Planning Law Firms In San Francisco, CA change location

Marilyn E. Putnam, A Law Corporation

5.0/5.0

View Phone

contact

Barr & Young Attorneys

5.0/5.0

View Phone

contact

McNeil, Silveira, Rice & Wiley

4.7/5.0

View Phone

contact

Michael B. Bassi A Law Corporation

5.0/5.0

View Phone

contact

VIEW ALL

  • Pooled trusts are only as good as the nonprofit that is managing it. Some may do a good job for a while, but in the face of financial problems or management changes, may end up doing a terrible job or even going out of business altogether.
  • Some pooled trusts distribute assets only at certain times of the month. This can be a problem for a beneficiary who may need distributions more frequently.
  • Pooled trusts can be very expensive. Find out exactly how much a pooled trust charges before you join. Generally, there is a one-time setup fee that can run from a few hundred dollars to several thousand dollars. Plus, there is an annual fee—based on a percentage of the assets that are put into the trust—that can be several thousand dollars a year. If you’re only putting a modest amount of assets into the trust, the fees of the pooled trust can seriously deplete these assets. In contrast, a friend or family member may not charge anything to serve as the trustee of an individual trust.
  • Pooled trust are inflexible. Once the assets are in the pooled trust, it is difficult if not impossible to move the assets to another trust. Your beneficiary is then stuck with this pooled trust even if the trustee does not do a good job.
  • Many pooled trusts will not agree to own real estate or authorize other nontraditional investments. If your inheritance will include these types of investments, an individual special needs trust would serve you better.
Ask Your Own Estate Law Question
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,384
46,384 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

46,384 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If the grantor of an estate in Illinois died in 2004 with an
If the grantor of an estate in Illinois died in 2004 with an Irrevocable Trust does a deceased beneficiarychdern have any claim Ccoroto the two year Statute of limitations … read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
My mom made a Special Needs Trust for me on my request after
My mom made a Special Needs Trust for me on my request after I was told that I will never be repaired from botched hip replacement. I found out 3 months ago I can be fixed and I won't need the SNT … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My husband is on a will for an estate that has issues and
my husband is on a will for an estate that has issues and does not want anything to do with the estate, can he just sign it away? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If the trustee of an estate wants to purchase the home that
If the trustee of an estate wants to purchase the home that is part of the estate do you typically lower the selling price by 7% to allow for the relator fees that you will save by not listing the hom… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In settling the estate in Wisconsin the Will states the
In settling the estate in Wisconsin the Will states the house is dequested to the first party and the remainder goes to the executor. The value in the estate lies primary in the house (65% of the mort… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
Can I use a small estate affidavit if the estate worth
Can I use a small estate affidavit if the estate worth including mobile home and lot is less than 50k ? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Regarding estate law: my brother's my mother's estate
Regarding estate law: my brother's my mother's estate executor, and as I recently found out a co-owner of her sole bank account (ugh). I'm otherwise a beneficiary on the account. My brother's giving m… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
811 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
I am taking over a ist party special needs trust and need
I am taking over a ist party special needs trust and need help wth the paperwork … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am the beneficiary of a special needs trust and my brother
I am the beneficiary of a special needs trust and my brother and sister are the trustees. They have never reported the trust activities to me, though I have asked repeatedly and they are mandated to d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
My wife's sister,, has a special needs trust. She has become
My wife's sister, Kathy, has a special needs trust. She has become increasingly psychologically and physically disabled. She inherited her aunt Gen's mobile home (worth about $300k) and my wife, Carri… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This is regarding special needs trust: my mother passed away
This is regarding special needs trust: my mother passed away in february. There are 6 children. My oldest brother and i are co trustees and co executors. My mother left one third of the estate to me w… read more
RayAnswers
RayAnswers
Attorney
46,384 satisfied customers
I have a question about special needs trusts. Florida, One
One was set up for my brother-in-law and I was wondering if it is possible for him as beneficiary to be able to contribute to it. … read more
Maverick
Maverick
Doctoral Degree
6,135 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x