Legal Question in Elder Law in New Jersey
social security disability benefits family inheritance and gifting
If someone receives social security disability benefits and receives and inheritance can they gift money without getting in trouble?
Asked on 2/14/09, 12:12 pm
1 Answer from Attorneys
Nancy M. Rice, Esq., CELA
Elder Law Offices of Nancy M. Rice
Re: social security disability benefits family inheritance and gifting
It depends upon what kind of disability benefits the person receives . . .is it based upon the person's work record (SSD). . .or is it based on the fact that the person has less than $2,000 in assets (SSI). As you can imagine, receiving and gifting assets doesn't matter for SSD, but will disqualify the person for SSI . . . and, even worse, can also disqualify the person for Medicaid .. .you can use several techniques to avoid the problem, including a Special Needs Trust.
Answered on 2/14/09, 1:22 pm
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