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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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My brother is on either SSI or SSD. I am trying to purchase

Customer Question

My brother is on either SSI or SSD. I am trying to purchase a condo in Florida but they don't allow renters for two years. It seems to me if I put my brother on the deed when I buy the condo we could circumvent this delimma.
Will he get kicked off his benefits if I go this route? My husband and I and my brother will be on the deed if I do this. The condo is $75,000.00. The HOA is only $290.00 which within his allowable rent.
He has Diabetes and is not well but does need a place to live and all apartments he rents end up getting sold out from under him. It causes such stress that he is getting sicker.
Thank you
Randy Beth
Concerned sister ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Social Security
Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Brother and Brother,

There is a way to be around is to have him rent from you and to pay you a due rent amount so that he has expenses. But are you saying that you need him to be on the mortgage with you in order to qualify for the loan? Or he would like to be on the deed to own the condo?

Please give me the details and respond.

Thank you,

Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Brother and Brother,

You need to ask them if you rent out a room to share with your brother, the condo association should say yes. They don't want to have renter is because they want to have "owner occupied". By sharing with your brother and he pays you rent to help with your expenses, you are still owner occupied.

The condo association rules are different from the tax codes and different from social security rules and regulations.

Do you want to ask the condo association for their requirement again?

Regards,

Fiona

Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Brother and Brother,

In terms of social security's requirement, it depends on who evaluates and determines his qualifications. Let me give you an example of mine, an old client. Being on the deed, the person is considered as owning the place outright clean. The ownership affected the person's wealth, balance sheet, picture.

There is another example, the parent had the child on the deed which did not affect the child's disability benefit because the mortgage balance owed on the house was more than the value of the house.

So, my suggestion is not to put his name on the deed. It is not a positive move.

If your brother does not rent from you simply living with you, if he has no expenses, will he still qualify for his SSDI?

It seems that he is on disability than on pure social security. Social security is based on years of services and paid into the system and the age. Rental or ownership do not affect that qualification.

If he is on disability, having no expenses can and is likely to put him over the limit. You want to find out the consequence. It is possible that he is still qualified but for a lower amount. Then, that is not too bad and it is fare. As long as he is still qualified for medicaid. You want to go to SSA with him to make the inquiry.

I still think that working with your association should be the most positive, first move. And they probably will say that they don't care how much your brother reimburse you for your expenses or how you call it rent or whatever.

My general advice to my clients is that never own a real estate property with anyone other than your spouse.

Regards,

Fiona

Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Sister of the Brother,

I am reading your brief paragraph again. Are you saying that you want to purchase a place for him but you are not going to live there and he would be the only tenant? Buy another place without this requirement of owner occupied. Don't play with the rules of both the association and the Social Security Administration. It will not be right or end well. It would be negative on both ends.

Regards,

Fiona

Customer: replied 1 year ago.
You did not understand nor in any way answer my question. this is the worst response I could have gotten and did not help a bit. I asked the question so I could avoid going to SSA , that is why I asked it to begin with. Your command of the English language is lacking to the point of not being able to understand what was even being asked of you. I am in no way satisfied with your answers and they were in no way helpful, but thanks for the attempt.
I would like a refund of my $5 deposit back. I will be checking my credit card statement for the $5 dollars and am printing a copy of this response I have just sent to you.
Thank you,
Disappointed
Expert:  Dr. Fiona Chen replied 1 year ago.

Dear Brother and Sister,

I obtained my Ph.D. and CPA in the U.S. I am surprised that the first thing you attack is my language.

That is fine, I will opt out so that you can ask another expert.

I asked many questions and you did not answer any. So, I a sort of have to try to respond to different situations of possibility.

I am sorry. I did not in no way trying to offend you.

Regards,

Fiona Chen -- and being proud of my last name. A smile.

Expert:  Phillips Esq. replied 1 year ago.

A different Professional here:

Your Questions:

My brother is on either SSI or SSD. I am trying to purchase a condo in Florida but they don't allow renters for two years. It seems to me if I put my brother on the deed when I buy the condo we could circumvent this delimma.

Response 1: That is correct.

Will he get kicked off his benefits if I go this route?

Response 2: No, he will not. Owning a home will not count against him if he is on Supplemental Security Income ("SSI"). If he is on Social Security Disability ("SSDI"), his resources will not even be a factor because SSDI as opposed to SSI is based on his work history and whether he meets Social Security Administration's definition of disability and not on his assets and resources.

My husband and I and my brother will be on the deed if I do this. The condo is $75,000.00. The HOA is only $290.00 which within his allowable rent.

He has Diabetes and is not well but does need a place to live and all apartments he rents end up getting sold out from under him. It causes such stress that he is getting sicker
.

Response 3: Your arrangement will not cost him his Social Security benefits. Kindly see my previous response.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.