Legal Question in Social Security Law in New Jersey

Receiving SSI and receiving an inheritance

My mother is on SSI and also Medicaid. She has struggled financially and physically her entire life and is due to receive an inheritance from her deceased parents. I saw that you mentioned a Special Needs Trust ? Can you tell me more about this ? She is in NJ by the way.


Asked on 3/24/09, 9:49 pm

2 Answers from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Receiving SSI and receiving an inheritance

Taking an inheritance directly will likely terminate or suspend her SSI & Medicaid. So funds must be placed in a special needs trust (SNT). These funds cannot be used for ordinary expenses like rent, food, etc. But such funds are available for other needs. The SNT must be approved by the SSA & the State of NJ. There are approved forms but it is best to contact the county bar association for the name of an attorney who has experience with such trusts and getting them approved by the state & SSA.

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Answered on 3/24/09, 9:58 pm
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: Receiving SSI and receiving an inheritance

If your mother is under age 65, a special needs trust may be the best way to protect the inheritance and her benefits.

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Answered on 3/25/09, 10:37 am


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