Legal Question in Disability Law in Massachusetts

Special Needs Inheritance from father

My son, 39 years old (Down's Syndrome) will receive his father's pension and life insurance shortly. He receives SSI & Social Security. He would like to buy his own home in Massachusetts or New Hampshire. Would he at the time of his death need to pay back Medicare/Medicaid or SSI? Would they take his home? He is receiving $123. a month from pension but that will go up to $2,300 a month shortly. SSI has stopped this month. We want to protect the insurance & pension. I am legal guardian and should I buy the house in my name or jointly for him? Confused by all this. Can't seem to find the answer. I am learing of the trusts I read online. There are things he wants to buy that do not have anything to do with everyday expenses. He wants furniture and a vacation which he deserves more than anyone/ He also works in a workshop and receives a paycheck which is less than $90.00 a week. We filed his taxes for the first time last year and plan to file them again as I was including him in my taxes since he was born. He has always lived at home with me.


Asked on 1/26/08, 8:45 am

1 Answer from Attorneys
Denise Leydon Harvey Harvey Law Offices

Re: Special Needs Inheritance from father

There are ways to protect your son's assets from being reduced or reclaimed by Medicaid for expenses paid by them. One option could be to establish a supplemental needs trust, also called a special needs trust, for your son. In order to determine the best option for you and your family, I strongly recommend that you speak with an attorney experienced with these matters.

This office has helped many families like yours with these issues. Please feel free to call me.

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Answered on 1/28/08, 8:47 am


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