how do I leave my 401 and assets to my brother without him loosing his SSI benifits ?
2 Answers from Attorneys
Whether a person gets SSI depends on their income and assets. You can see what the government will consider income on the SSA.GOV website and speak with your estate planning attorney about these issues, but SSI is for people with both low income and a disability. Good for him if one day he no longer needs it.
Your brother probably needs a Special Needs Trust to hold the proceeds from the 401k. SSI is resource capped in terms of what he can own. Your estate could also be named as the 401k beneficiary with the 401k proceeds distributed to it. Your Will should then have a testamentary SNT.