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I am a beneficiary in a irrevocable family trust. I am on SSI and want to disclaim my inheritance.
Anonymous6 views4 answers
The trust states that 50% goes to my mom's side (me, and 2 siblings) and the other 50% goes to my step sister. If I disclaim my inheritance who gets the money? Can my brother and sister split my portion or does my step sister get a portion of it? I would like to give it to my children but I heard that I can disclaim my inheritance but can't say where I want the funds to go.
Any help on this topic would be greatly appreciated.
Michelle Louise BlairFamily Law AttorneyEscondido, CA ·
I would consult with a local trust attorney to review the terms of the trust with you. Without reviewing all the terms I cannot answer that. In addition, the trust attorney or an attorney who deals with SSI benefits may be able to tell you if a special needs trust can be set up for you since you are on SSI before you choose to disclaim your inheritance. Consult with an attorney before you take any action.
I agree with the others answers. Also, disclaiming your inheritance will not work for SSI benefits. You will still be deemed to have received the inheritance and then given it away.
If you disclaim, you lose your SSI benefits for up to 3 years, depending on the amount of the inheritance you disclaim. When you disclaim, your share is treated as if you had died first, so who would receive your share if you had died before the settlor of the trust? Where the money goes depends on what the trust says.
