QUESTION

Will inheritance affect the disability that my sister is getting?

Asked on Dec 09th, 2013 on Estate Planning - Washington
More details to this question:
My mother passed November 2013. We have everything renamed in the trust (home, where my terminally ill sister lives as maintainer, not owner/not homestead-house will always stay in Trust's name) and everything else has designated beneficiaries (ira, annuity, life insurance, stocks); My sister receives SSD and LTD (from Aetna), will the inheritance of about 50K affect her SSD and LTD payments?
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13 ANSWERS

Probate Attorney serving Roseville, CA
Partner at James Law Group
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It might. See an estate planning attorney. If it is an issue a special needs trust can be created to preserve her benefits.
Answered on Dec 16th, 2013 at 7:10 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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You must look to the contract with Aetna to determine if the inheritance will affect the LTD payment from Aetna. This is a private plan and the benefits vary from company to company and by programs within a company. The inheritance may affect receipt of Social Security payments depending upon the benefit being received. There are two types of disability benefits under Social Security and both programs require determination of a disabling medical condition. SSI (Supplemental Security Income) is a program where eligibility is determined by resources and a qualifying medical condition. The resource limitations for eligibility are very small. An individual cannot have assets in excess of $2,000, however, there are assets that are not included in that calculations such as the value of your home, a burial plot and burial funds. There are also income limits, though certain types of income and amounts are not included in the calculation. A $50,000 inheritance would terminate the eligibility at the annual review. You might consider a special needs trust could be established to maintain eligibility. Social Security Disability is a program where eligibility depends on having worked in a social security eligible job for a minimum period and having an eligible medical condition that qualifies as a disability. An inheritance should not disrupt eligibility under this program.
Answered on Dec 13th, 2013 at 6:32 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Yes; she needs to have an estate planning lawyer set up a Special Needs Trust to receive the 50K, so as to not interfere with the flow of government benefits she is receiving; otherwise if she receives the 50K directly, the government benefits will stop until that money is used by her.
Answered on Dec 13th, 2013 at 6:17 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Potentially the SSD but normally not the LTD. See an attorney with details.
Answered on Dec 12th, 2013 at 7:35 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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No. Inheritance should not affect disability or SSD payments. These benefits are not based on financial need. If she were receiving SSI, that would be a different matter.
Answered on Dec 12th, 2013 at 7:35 PM

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It would only affect need based payments, like SSI, not earned or insurance based payments.
Answered on Dec 12th, 2013 at 7:35 PM

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It should not as it is not earned income. Review the agreement with Aetna as to what the results are.
Answered on Dec 12th, 2013 at 7:35 PM

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Probate Attorney serving Las Vegas, NV
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You should speak with an attorney experienced in third party special needs trusts before the inheritance is distributed. There may be options available to keep the monies for her benefit. Seek counsel as soon as possible.
Answered on Dec 12th, 2013 at 7:35 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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What inheritance? The house doesn't count.
Answered on Dec 12th, 2013 at 7:35 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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It may impact the amount of SS disability your sister will receive. Check with your local Social Security office for advice.
Answered on Dec 12th, 2013 at 7:34 PM

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Someone needs to specifically review benefits your sister is getting in order to answer this question with certainty. If she receives Social Security Disability (SSDI) then the inheritance should not be a problem. However, if she were receiving SSI, it would be also, some state benefits may be affected.
Answered on Dec 12th, 2013 at 7:34 PM

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Thomas Edward Gates
It could. If the trust is managing her funds, it should have a spendthrift provision where she will not get a monthly allotment. Rather, the trustee would look over the request for funds and determine if they would be covered by the terms of the trust. In addition, this provision states that it is not available to her creditors. If she gets the money directly, she will have to declare it.
Answered on Dec 12th, 2013 at 7:34 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Did the inheritance go to the trust or to the sister? If your sister, that could be a problem. If to the trust, you should be okay. You need to talk with the trust attorney to go through the details.
Answered on Dec 12th, 2013 at 7:34 PM

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