Legal Question in Social Security Law in North Carolina

SSI and Inheritance

A friend of mine who is 70 years old and receives SSI as his only source of income. His mother recently died who had life estate and deeded over some land to him which he didn't know about until now long before he received any benefits. This land while he does not know the exact value of is almost certain to put him over the resource limit. This land is not exempt because he does not live on it and is not considered a home. He is very concern about loosing his check. I would like to know is there anything that can be done to save his SSI he does not qualify for Social Security. What should he do next. I already advice him to seek a attorney. I hope I given enough information about the situation. Thanks in advance any advice would be deeply appreciated.

Asked on 11/06/05, 8:41 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey
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Re: SSI and Inheritance

in order for a grant deed to be valid, there must be actual delivery and ACCEPTANCE of the deed by the grantee. if you would like to provide us with more detailed information on this case, we can better assist and/or guide you or the person at issue.

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11/07/05, 9:46 am
Tate Davis Davis Elder & Disability Law Services
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Re: SSI and Inheritance

I agree that delivery of the land must have occurred for the deed to be valid. However, the land can be excluded temporarily while trying to sell the property. The proceeds of the sale must, of course, be spent on SSI exempt assets, such as a preneed funeral, purchase of an essential vehicle, improvements to or purchase of a primary residence, purchase of life insurance, etc.

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11/07/05, 11:51 am

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