Legal Question in Wills and Trusts in California

i am on s.s.disability and am reevaluated every 3 years. i am due to inherit around $100000. will i lose my disability? if so is there any way to protect it?


Asked on 1/20/13, 12:04 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

If you are receiving Social Security Disability Insurance, or "SSDI," then your inheritance should have no impact on your right to benefits.

The rule is different if you are receiving Supplemental Security Income, or "SSI." Your inheritance will definitely affect your rights to benefits.

You may wish to contact an attorney who practices in the area of Social Security disability claims for a short consultation to review what benefits you obtain, and the law pertaining to that particular benefit. Alternatively, you may wish to contact Social Security or an organization in your area that assists people with disabilities.

Best of luck to you.

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Answered on 1/20/13, 12:19 am
Aaron Feldman Feldman Law Group

If you are receiving need based benefits (SSI/Medi-Cal), then you can lose your benefits because you will exceed the resource limit ($2,000 if your are single, $3,000 if married). There is a way to preserve your inheritance by establishing a first party Special Needs Trust. I specialize in this area and can assist you.

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Answered on 1/20/13, 7:30 am


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