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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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My friend is 50, and on social security and and SSI ($750 a

Customer Question

My friend is 50, and on social security and and SSI ($750 a month) and Medicaid. He has been disabled since birth. Mom left house to him in will, and he can't live by himself, so we just sold house for $50,000. I am his power of attorney. Don't want to give money to him because afraid will disqualify him from benefits. Lawyer is too expensive to set up a special trust, and I don't have time to be trustee. Since house sold, now living in low income apartment.
Any ideas appreciated.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your friends situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Has escrow closed on the house yet?

2. If yes, where are the proceeds of the sale?

3. Is your friend willing to purchase a residence with the money, where he can live?

Thanks in advance,


Customer: replied 1 year ago.
Money from house sale is in escrow account, and won't be touched. He can't live by himself in a house, and not enough money to get decent place. He is now in public housing apartment and will stay there or someplace like that. I have heard we may be able to spend down some of the money without loosing his benefits. He gets monthly check and has meds. paid for.
Expert:  LawTalk replied 1 year ago.


Because of multiple legal issues here, including a potential for you to be personally liable for negligence---depending on how the facts shake out----I would strongly suggest that you accept my offer of a call.

What do you mean the money for the house is in an escrow account? What escrow account? Has the sale not closed yet?


Customer: replied 1 year ago.
Money for house is with title place that closed on the sale. See my last message.
Expert:  LawTalk replied 1 year ago.

I read your last message, but I'm wondering whether there is any legitimate reason for money still being in the sale escrow account. An escrow account from a property sale is not a bank account and not intended for the parking of funds post-sale. Does all of the money in escrow at present belong to your friend?

I would both request, and suggest that you accept my offer of a call.