What is the name of your state (only U.S. law)? New Mexico, U.S.A.
I am assisting my mentally challenged sibling with their benefits. Recently we were notified that an inheritance from our aunt was in process. In order to not lose here SSI and medicaid eligibility, we decided to disclaim the inheritance rather than lose benefits then have to reinstate them. The disclaimed inheritance (as if pre-deceased) would then transfer to an adult daughter. The person who drafted the disclaimer felt this was legal and appropriate as long as funds were used by daughter as she wished. The estate attorney felt that we should reconsider and that this could be construed as SS fraud. The local SSI office was consulted and they did not see an issue if disclaimed but the person was not an attorney and not sure if one person in one office is always the best of sources. I need some tie-breakers to find out if disclaiming as if predeceased is legal and acceptable practice. Please help here. Another avenue is to accept funds and have SSI recipient purchase a home which is not included in resources. If this happens, is this indeed true that one can purchase a home an not have it count toward ineligible resources? One small detail is the estate dragged their feet getting notices out to heirs and by the time we received notice, more than nine months had passed from time of death.