QUESTION

What happens to a disabled person's benefits once their parents die?

Asked on May 02nd, 2018 on Trusts and Estates - California
More details to this question:
Parents have stated that he/she must marry by the time they pass away or he/she must repay all monies paid to them by the state. This person lives at home, is confined to a wheelchair and has cerebral palsy, needing around-the-clock care
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
I can't imagine what the parents are thinking. It sounds like they've heard incorrect information somewhere. If the disabled person marries, the spouse's income will be counted when determining whether or not the disabled person gets benefits. And even if the spouse is disabled and qualifies for benefits, the government has exaggerated ideas of how much a couple saves by having one household; the total check for two people is about 1.5 times the check for one person. Because of this, when a person depends on benefits, they need professional advice before marrying. In most cases, far from solving any problems, marrying creates a financial disaster. The parents can provide for the disabled person by establishing a special needs trust for his/her benefit to which any inheritance can go. In any event, the state does not have a claim for reimbursement of benefits paid on behalf of a disabled person until the disabled person dies, not when the representative payee dies.
Answered on May 07th, 2018 at 8:47 AM

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