Legal Question in Wills and Trusts in California

Re: state confiscation of an inheritance

In certain circumstances, a person receiving governmental benefits may be made ineligible for those benefits upon receipt of funds from a third party. It is unclear from your question what the circumstances are here; that is, whether the sibling has actually received the funds, or whether the person who wishes to bequeath the funds has yet to do so. If the estate plan has not yet been completed, it may be structured in such a manner to prevent the recipient from losing governmental benefits - please contact a competent attorney in your area to structure the bequest, or for further information. -- Linda

Re: state confiscation of an inheritance

I'd have to know more to answer. The inheritance may make the beneficiary ineligible for SSI or Medi-Cal, but I haven't seen reimbursement except for past-due child/spousal support. What sort of benefits has the person been receiving?

If there's a risk, the executor or trustee may be able to structure the gift in a way that avoids the gift going to the government, if the planning is done prior to the beneficiary receiving the gift.

Re: state confiscation of an inheritance

The inheritance won't be seized; however, it will make the heir ineligible for SSI, Medi-Cal and possibly other public benefits. The inheritance will be considered income in the month received and an excess asset thereafter. He will be ineligible for SSI until his assets are reduced below $2,000. He may also lose housing benefits and food stamps.

I strongly advise you to contact a member of the National Academy of Elder Law Attorneys concerning how to structure the estate to avoid this very unfortunate outcome -- http://www.naela.org

Re: state confiscation of an inheritance

In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

Re: state confiscation of an inheritance

I need more information. How much is the bequest? Call me directly at 1.619.222.3504. Is the ward over 16 years?