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Law Forum: Free Legal Advice Online / Estate Planning and Administration / Inheritance and son with mental disability
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Posted By Discussion Topic: Inheritance and son with mental disability

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hawaii_sensei
10-17-2009 @ 4:08 AM                          
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 My adult son currently receives SSI and EBT benefits due to his mental disability.  Will these benefits be affected when he inherits 1/3 of my estate/assets?  My home is worth $700,000, and if he and his two siblings decide to sell it upon my passing, will his government benefits cease? Thanks in advance for any advice you can offer.

flightline4
10-26-2009 @ 4:23 PM                          
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 Hello,

I tried looking for the answer to your question on the Social Security Administration's website, and I think I found it under the frequently asked questions. Take a look at this link:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=96&p_created=955552884&p_sid=VbXS4pLj&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfcm93X2NudD01OSw1OSZwX3Byb2RzPSZwX2NhdHM9NDgmcF9wdj0mcF9jdj0xLjQ4JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmcF9wYWdlPTE*&p_li=&p_topview=1

I hope that helps! You might consider talking to an estate planning lawyer to see if it would be beneficial to set up a special needs trust for your son in order to protect his eligibility for SSI benefits.

hawaii_sensei
10-28-2009 @ 1:13 AM                          
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 Thank you for your response, Flightline. The Social Security site was helpful, but, as you said, I do think I will have to consult a lawyer to address my concern.
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