ask david letters column

(Warning: Typos Intact, Not Legal Advice)

If person is on public assistance and is on a living trust will, will the state or agency take that from him or will they stop?

Son is unable to work due to obesity so he’s on assistance from the county. His aunt wants to leave the home and money to him. She does not want it to affect his benefits?

Answer: It is unfortunate but true that many attorneys who draft wills and trusts may not have the expertise to protect a beneficiary’s inheritance from government claims, lawsuits, or long-term care issues. It is crucial to address these concerns when creating a trust.

When a trust is properly written, your son could receive a home and money from his aunt without jeopardizing his benefits. However, you will need to specifically inquire about these protections, as many attorneys may not address them without prompting.

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