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I have a son 5 years old, totally disabled. we receive

I have a son...

I have a son 5 years old, totally disabled. we receive social security benefits and want to buy a house. we qualify because i make good income and the down payment is gifted from a relative. Will social security in california allow us to buy a house and then allow the down payment to come from relative gift funds?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

In california

Lawyer's Assistant: Has anything been filed or reported?

We haven't done anything. before buying a house we want to make sure we are within social security rules

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Answered in 6 minutes by:
1/22/2018
Edward Young
Category: Legal
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Does your son receive SSDI? What other disability payments do you receive? it is important so that I can confirm his continued eligibility for the benefits he receives.

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Customer reply replied 6 months ago
He receives SSI, supplemental disability social security insurance. He also gets as a benefit ssi disability health insurance. He is receiving IHSS, his mother is the caregiver. And he is confirmed to receive ssi and the isnurance because he is totally disabled.
Customer reply replied 6 months ago
i dont need a call, just a basic answer

Ok, I will get back to you shortly.

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A home that is your principal residence is not counted as an asset under any of the benefits programs for your son. You can buy a house. How much will the down payment be? The reason that I ask is that the gift might be considered unearned income, subject to a $3,000 cap under SSI. The SSDI program does not put a limit on the amount of assets or unearned income you have (or income that your spouse may earn).

The way to avoid the SSI cap is to structure your relative’s gift as a loan. You may want to consult an attorney about how to do this is the down payment is large. If you tell me in what town in California do you live, I can refer you to some highly qualified attorneys who offer free consultations.

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 6 months ago
the amount of the gift fund from the relative is going to be around $25,000.00. if i get approved for a county down payment assistance program to cover the $25k, would social security allow that instead of a gift? that would cover all the cover the down payment and closing costs in the city is sacramento, california. Would this program be ok with social security? And yes, please refer us highly qualified attorneys in sacramento, california. after that, i will rate you with 5 stars as you have answered all our questions and thank you very much. we will wait for your response.

I am unfamiliar with the county down payment assistance program that you mentioned. I found this link to the California Housing Finance Agency which mentions down payment assistance: http://www.calhfa.ca.gov/homebuyer/programs/index.htm

They describe their down payment assistance program as "a second or subordinate loan. CalHFA’s subordinate loans are “ silent seconds”, meaning payments on this loan are deferred so you do not have to make a payment on this assistance until your home is sold, refinanced or paid in full.” If this is true, this arrangement is just like the loan arrangement for the gift from a relative. Maybe one of the attorneys below can assist you with the financing piece.

Here is a list of highly rated attorneys who are knowledgeable about SSI benefits and who offer free consultations:

KEVAN SPENCE tel(###) ###-#### http://www.kevanspencelaw.com/

Melissa Cheryl Brown tel(###) ###-####

Elizabeth L. Gade (###) ###-#### http://www.gadebenefits.com/

Have I answered all your questions? If so, please rate me. I get no credit for my work for you unless you rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee.

Edward Young
Category: Legal
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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