Legal Question in Social Security Law in California

social security SSI / special needs trust

I am conservator and payee for a special needs person on SSI (my son) over 21. I also am trustee for his special needs trust. The trust allows for me to buy any and all kinds of investments including a house. I want to take $20,000 out of the tust to put down payment on a house that my son will live in as his own. He will make the mortgage, insurance, taxes, and utilities payments. Can I do this without affecting his SSI payments? The trust is for his benifit and he will be the only one living in the house. The deed for the house will list owner as ''my name trustee of riker special needs trust dated jan 31 2007 with me as backing the loan since my son has no credit. My son is the benifit of the trust. I know the trust will allow me to do this but will Social Security?


Asked on 10/21/08, 5:00 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: social security SSI / special needs trust

If he is receiving Supplemental Security Income (SSI) the rules regarding assets are very complicated. Social Security will look at his assets very closely. But he can own a home as long as he lives in it.

You can call the Social Security Office and ask them a general question (don't divulge the name or SSA#)and see what info they give you.

Samuel L. Salazar

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Answered on 10/25/08, 8:38 am


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