Legal Question in Wills and Trusts in California

SSI property lien

My sister and I are the trustees

to my father's Revokable Living

Trust. We are set to inherit his

house which has a mortgage on

it. My sister has been on SSI

for many years and wants to

live in the house after he dies

which I have agreed to as long

as she makes the mortgage

payments. However, if we

decide to sell the house, can

the state place a lien on it and

will that affect my share in the

sale of the house?


Asked on 5/08/08, 1:59 pm

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: SSI property lien

you should retain an attorney to advise you and your father regarding these issues. SSI rules are complex and need to be considered, as well as the normal estate planning options.

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Answered on 5/10/08, 2:26 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: SSI property lien

Ideally the trust requires or permits the Trustee to distribute your sister's share into a Special Needs trust. That would protect her share against a lien. Otherwise, it may well be subject to lien by SSI, etc. but only as to her share.

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Answered on 5/09/08, 3:55 pm


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