Legal Question in Social Security Law in Pennsylvania

SSI and wills

How can I be the beneficiary of my Mom's will, without being penalized for it? She is almost 84 yrs. I am on SSI in PA. I have to be able to take care of her final expenses etc. I can't loose my SSI! I desperately need the medical (and the $600.00+ a month. There must be a way around this.


Asked on 1/24/08, 2:20 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: SSI and wills

First, understand that being the beneficiary of her estate and taking care of her final expenses are two very different things.

To take care of her bills, etc. you can be appointed the Executor. This will give you power to take control of her assets, pay her bills - including any taxes - and make distribution to heirs.

This is not your money as the executor and not countable against any SSI benefit.

Being the heir (or one of the heirs) means you receive money or some asset from the estate. Now that money is yours as an inheritance and countable for SSI purposes.

And you must report an inheritance.

You can have money over the SSI maximum for a very short time. Some people buy a house which is usually exempt. Check with the local SSA office or contact an estate planning & Social security attorney

One other thing you can do is to place your inherited money in a Special Needs Trust. This trust must be approved by SS & The PA Dept of Revenue. The funds in trust cannot be used for ordinary and usual expenses such as rent and food. But the funds can provide for your special needs.

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Answered on 1/24/08, 5:12 pm


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