Legal Question in Elder Law in California
My brother and I inherited a house when our mother died. My brother is schizophrenic and is receiving Social Security Disability. Are we at risk of the government forcing us to sell our house for compensation for his benefits? If my brother signs a quit claim to the house will he lose his benefits?
2 Answers from Attorneys
If your brother has not yet received the property, he may want to file a disclaimer.
SSDI/SSI recipients are allowed to own one real property wherein they reside without any adverse action. However, it will be better if his share of the property is placed in a special needs trust. I wouldn't advise him to do a quitclaim because (a) his share can be easily misappropriated, and (b) if the SSA finds out he gave away an asset worth tens of thousands of dollars he will have a problem.
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