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How to keep SSI / Disability and not have to lose any inheritance ?

Memphis, TN |

Are there any other options besides a special needs trust that can protect a beneficiary of their deceased parent's estate , from having to chose between jeopardizing SSI / Disability health care , or being able to protect the little inheritance left over from the estate of deceased parent . Are there any exceptions the court will make for someone who spent 6 yrs taking care of a very sick parent who ended up going through all their money on medical expenses . I basically inherited a nightmare , which has caused major health issues for me , and I am unable to qualify for SSDI BC I don't have the 10 yrs of wk history , BC I was taking care of my parent . I don't want to get " stuck , " on SSI forever . If I can keep my health care and get better , I can start my life w the 20 grand I will be lucky to get .

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Attorney answers 3


I believe a special needs trust is probably the best option available to you. But you really need to consult with an attorney in your state to make sure.

James Frederick

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Agree with Mr. Frederick. The special needs trust is the only safe way to accomplish this. If your parent is already deceased it will take a court order to permit your inheritance to go into a special needs trust without interruption of your SSI / Medicaid benefits. In the alternative, you can accept the inheritance and go off of SSI / Medicaid until the inheritance is spent down.


While your options are limited and a special needs trust could be one of the best available, there are other things that might be done with the money, depending upon how much there is. Certain assets are exempt for SSI/Medicaid purposes. You could purchase a personal residence or a new car for example. You really need to visit with an elder law attorney who does SSI/Medicaid/Special Needs Trust work. You will be glad you did.

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