Legal Question in Wills and Trusts in Massachusetts

my friends mother passed away. He is on disability. His brother told him that he may inherit about $100,000.00 once everything is sold. Will that effect his disability checks? Is there an amount of money you can inherit without paying taxes? His brother told him that he would have to buy a home or trailer to live in since it would be bad for him to have the cash. I don't now if I believe that....I just do not want to see them give him bad advise since my friend doesn't have a lot other than his disability checks. Your help/advise would be appreciated. Thank you.


Asked on 9/23/14, 1:01 pm

2 Answers from Attorneys

You do not tell me who pays the disability. If it is social security disability that is not impacted by inheritance. If he receives SSI, it will be impacted temporarily by the inheritance.

Your friend needs to consult someone who deals with SSI on a regular basis.

Moreover, if your friend is on Medicaid it will want to receive some of the money they are owed.

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Answered on 9/23/14, 1:35 pm
Denise Leydon Harvey Harvey Law Offices

I agree with Attorney Roth. If he receives SSDI rather than SSI, his benefits are not asset-based (meaning they are not dependent on him having assets under a certain amount in order to qualify for the benefits) and there won't be any impact on his benefits. If he is receiving SSI or other asset-based benefits, his receipt of the inheritance could be impacted. He should consider seeing if a relative (mother, father or grandparent) or he himself (through the Probate Court) can establish a Supplemental Needs Trust to receive the funds. This way, the funds would be placed in the Trust to be used for his benefit without negatively impacting his receipt of benefits. Please have him speak with the estate's attorney or an elder / disability lawyer familiar with these Trusts about this.

Good luck -

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Answered on 9/24/14, 6:36 am


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