QUESTION

I need to know if I inherit house and am on social services will it be taken away?

Asked on Aug 26th, 2017 on Estate Litigation - New York
More details to this question:
My father wants to will me his house when he passes I am on social services and disability. Can they the it from me?
Report Abuse

2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
The short answer is yes.  The long answer is that there are trust devices you can use to get the house and keep your benefits.  It must be done exactly right, but our firm does this all of the time.  Your father must do careful planning.
Answered on Aug 31st, 2017 at 5:58 AM

Report Abuse
Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
As long as you live in the house, you will not lose your benefits or the house. However, if Medicaid is paying for nursing home care, a lien for the cost of that care will attach to the house, and Medicaid will collect it when you pass away or sell the house during your lifetime if you don't buy another home with the proceeds. SSI (but not SSDI) may have a lien as well.  Owning a home will never disqualify you from collecting SSDI or Medicare. The proceeds of any sale of the house might disqualify you from collecting Medicaid (but not SSDI) until the money is spent or gifted.   
Answered on Aug 27th, 2017 at 1:00 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters