Legal Question in Wills and Trusts in California
Trust Account (?) from inherited monies if on SSI
How do I set up a trust account (not sure what type) for my mentally disabled brother who is on SSI? I do not want him to lose his SSI benefits and, he has a substantial amount of money from a death in the family. He will now be coming to live with us (paying rent) and, I do not want to do anything that would endanger his SSI benefits. He is Paranoid Schezophrenic and can live on his own, but, does not have enough income from SSI ($379 month) to do so. Is there a way that I (his sister) can set up an account so that he can receive a certain amount of money from his inheritance without jeapordizing his SSI? I know there is a limit of only having $2000 to your name before receiving SSI.....It is really a dilemma!
1 Answer from Attorneys
Re: Trust Account (?) from inherited monies if on SSI
Usually the trust must be set up by the giver before the person receives the inheritance, so that the SSI recipient never actually has control of the money. This is a complicated area with many wrinkles, so have an experienced attorney advise you.