Legal Question in Social Security Law in West Virginia

Re: Can Social Security SSI take your home after you die

SS would have to create a lien by giving your mothr notice for the property on which she is living. SS usually does this when the property has some significant value. Your mother can transfer this property now by making a deed to your sister either in joint tenancy or retaining a life estate. Check with a lawyer for help in preparing these documents. They are simple, but they can be screwed up if not done correctly.

Re: Can Social Security SSI take your home after you die

The Social Security Administration does not make a claim against any of the assets of a deceased SSI recipient. I think there is some confusion over Social Security and various welfare programs administered by the states. SSI is a federal program, different in a number of ways from state public assistance programs. When someone receives public assistance such as Medicaid, which pays for nursing home costs for those who are unable to pay, the state will often have a lien on the estate of the Medicaid recipient. If your mother had to go to a nursing home it is possible that eventually the state would claim the property after your mother's death. But there would first be papers establishing a lien on the property, and your mother would know their intention. Sometimes people transfer property to avoid its being claimed by the state, but if the Medicaid beneficiary dies within three years of the transfer, the state can still claim at least part of the value of the property from her estate. If your mother decides to transfer an interest in the property to your sister, she can retain a life estate, which means the property is hers for her lifetime. She will need a lawyer who practices in West Virginia to help her with this.