 Trust question/problem
We live in Tennessee. My Great Aunt passed away in January. She left my daughter (13yrs) a trust that is to be paid out to her at $1,000. per year for 12 years - as soon as her house was sold. The will had to go to probate, and the buyer's lawyer has called me for my daughter's SS# so they can close this up. My problem is this......It is just my daughter and I who live here. I am on SSD, SSI, and Medicare. Due to such a low income from SSD, she and I are on the state welfare program (FS, Cash and Medicaid).
The first $1000 dollars is ready to be paid out, and the other $11,000 will be in an escrow account. She decided that she would rather just have the bank give her a check for $1,000. one time each year, as opposed to going back to the bank every so often for a little at a time. Besides, if the household has to answer for this money, it might as well only have to happen one month instead of more.
Will the government hold that escrow money against our household even though it can't be touched? I am afraid that they will take her Medicaid away. In this state, we are allowed to have $2,000 in resources at one time - and still get the benefits - from what I understand. I never have more than $200 in the bank at one time - period. That is how poor we are. My daughter's money would have to go in my checking account. My grandmother left the money to my daughter this way because she thought that it would keep it from getting counted against our house. I hope that hasn't caused a problem instead.
My car is 10 years old and they don't count it against me as a resource. From what I tell by reading social security law, the law says that if I prove that I use it for medical visits and getting around because of poor transportation, they wouldn't charge the care against me no matter what the value.
Another question, if the money will count against us, what would it take to contest her will and ask for the money all at one time? How would we do that, and is it even possible. My great aunt died suddenly, and we never even got to talk about this. She died knowing how sick my little girl is, and wanted so much for the doctors to find out what was wrong with her so they could get her well. I have to take her all over the place for medical care, and with my car being hit last year, it is on it's last leg. Her and I talked about this at, and if they will count the money against our household anyway, she wants us to get a new car, so that not only would it provide her with a way to get around (medical visits, school and such) and find the help she needs, but if we can prove why we need to have it, it supposedly wouldn't be counted as a resource against us. The car would be given to her to drive when she gets her license in 3 years.
The bank is waiting for me to call back. I have tried unsuccessfully to get answers to these questions. The longer that money stays out there, the more chance I have for penalties against me if it does work out that SSI penalizes our household for it. Lawyers here don't want to help you or even answer a question if you don't open your wallet. Please help me if you can. I know it is a lot, but this is a monkey on my back that I need to get rid of, and if I call S.S., they want to know all your information before they answer your questions. It's their way of getting to know your business. I have to know where I stand before I say one word.
Thanks.
Snoopy  | 
Linear Mode
