Legal Question in Wills and Trusts in California

Re: I don't want the money

California law provides for disclaimer of an inheritance. SEE

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=260-267

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=275-288

Unfortunately, however, the federal law applicable to SSI/Medicaid does not appear to permit this. SEE

http://assembler.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001396---p000-.html

It is likely that the California authorities will treat a disclaimer as transfer of an asset for less than fair market value (receipt of an asset followed by a gift) or take the position that it is the positive duty of an SSI/Medicaid recipient to seek out all assets available for income/medical needs.

The usual procedure is to report the inheritance and its amount to the goverment. SSI/Medicaid payments will then be suspended until the inheritance has been exhausted. If the recipient still qualifies, government assistance will normally be resumed.

For more information and assistance you should consult an attorney experienced with these issues. Your local county bar association has a lawyer referral service which can find a specialist for you.

Re: I don't want the money

No beneficiary is REQUIRED to take under a will. Just decline to accept. You may want to make certain with SSI before you do, make certain to try to find an exact code section that includes or negates the money from her income.

If you would like additional assistance, please feel free to contact me at my office at 626-578-0708 or through my firm's site at www.No-Probate.com.

Scott Linden