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Ray, Lawyer
Category: Legal
Satisfied Customers: 42869
Experience:  30 years in civil, probate, real estate, elder law
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I am 62 and on SSI and Medicaid in California. I have an

Customer Question

I am 62 and on SSI and Medicaid in California. I have an inheritance from my deceased sister but I have not filled out a claim or distribution forms. My mother has been paying my rent of $950 since Jan. 2016 and before from Jan. 2015 of $875 and before that of $750 since Jan. 2013 or 2014. I didn't report any of this. I want to setup a special needs trust and don't much about the process or the costs and the taxes. My sister died in Feb. 2009 and I thought that until now I was receiving money from her trust but the trust ended in 2011, I assume. I don't know the value of my inheritance for I don't have access to the account, though it was setup for me with the wrong, old address of 2007 before I moved to California to be with my sister before her death.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You can set up a master pooled trust, this is a kind of Special Needs Trust.It uses a preapproved trust and you have a sub account like a savings account.There are several of these firms in California here, they have lower fess and no need for a lawyer to prepare the trust.Any of these would allow you to shelter funds and avoid disqualification.Call them they are happy to talk to you here and want to help you.

Here are some

Expert:  Ray replied 1 year ago.

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

Expert:  Ray replied 1 year ago.

Medicaid and SSI law permit"(d)(4)(C)" or "master pooled trusts" for beneficiaries with special needs. Such trusts pool the resources of many beneficiaries, and those resources are managed by a non-profit association. Unlike individual disability trusts, which may be created only for those under age 65, pooled trusts may be for beneficiaries of any age and may be created by the beneficiary herself. Thanks again.

Expert:  Ray replied 1 year ago.

The Master Pooled Trust seems like your best option to shelter these funds from SSI/Medicaid here in California.