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My mother passed away last week. I'll have the death

Customer Question
My mother passed away...

My mother passed away last week. I'll have the death certificates at the end of the week. Where/ who should I start off notifying first?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

GA

Lawyer's Assistant: What documents or supporting evidence do you have?

I have all of her documents. I am sole heir and executer

Submitted: 4 months ago.Category: Estate Law
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Answered in 7 minutes by:
3/21/2018
Estate Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,062
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Once you get the death certificate, you would need to file a formal probate court petition and andy will to open a probate case to settle her estate. The clerks will set a court date where you appear in front of the judge and admit any will to probate and appoint you formally. You then have the authority to gather all assets, pay any debts or bills, file any final taxes, then transfer any surplus assets to yourself and then close the estate..

.

That is a very abbreviated version of things and it will typically take 7-9 months to settle the estate from start to finish..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
I'm on ssdi. I'm not allowed to have nor own anything over $2000. How do I keep my ssdi going
Estate Lawyer: Barrister, Attorney replied 4 months ago

Do you mean SSI... or SSDI (Disability)?

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Customer reply replied 4 months ago
Social Security Disability
Estate Lawyer: Barrister, Attorney replied 4 months ago

Ok, there are no asset limits for SSDI, only SSI... so anything that you receive as an inheritance won't affect your SSDI benefits as they are based on your disability that prevents you from working to earn income. It is with SSI that there is an asset limit of $2K because SSI is a poverty based program..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Just recently ssdi tried lowering my ssi because last year , they deposited a payment of monies/back payments they claimed they owed me, sending me way over $2000. They claimed I went over.
I appealed and they canceled my benefits being lowered. Won't they do that again if my mother's monies goes into my account? Or is it a different count altogethe?
Estate Lawyer: Barrister, Attorney replied 4 months ago

SSI would be affected by assets... SSDI is not affected by assets... so they are two completely different things..

.

The rules for SSI are completely different. To be eligible for SSI, a person has to have low income and low assets (less than $2,000). This is because SSI is a need-based program, whereas Social Security disability insurance is a benefit that workers pay for, and qualify for, through contributions (FICA taxes) paid into the Social Security system (typically through payroll check deductions).

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Estate Lawyer: Barrister, Attorney replied 4 months ago

So if you are getting both SSI and SSDI, then if your assets go over $2K from the inheritance, your SSI will be cut off until you qualify again and your assets drop below $2K/

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Customer reply replied 4 months ago
Can u recommend a way to find a ssi "counselor" to help me?
Estate Lawyer: Barrister, Attorney replied 4 months ago

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

But the law is crystal clear here... you can't inherit substantial assets and still ask for the state to pay you SSI benefits because you would be obligated to spend those assets to support yourself..

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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