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SSI spousal benefit/ No Will.

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Bake98

Junior Member
What is the name of your state (only U.S. law)? I'm in illinois. My mother just lost her husband. He was 63. She's 59. He was on SSI. He's never worked in his life. He's done cash jobs. But couldn't read or write and obviously had no drivers license. He was slow minded and what not. Long story short. He didn't have a Will. His name is on the house. Not hers. Will the state step in and take his property and house or is there something she can do?? Also is there a benefit she will receive since how he won't be getting a SSI check anymore?
Thanks.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? I'm in illinois. My mother just lost her husband. He was 63. She's 59. He was on SSI. He's never worked in his life. He's done cash jobs. But couldn't read or write and obviously had no drivers license. He was slow minded and what not. Long story short. He didn't have a Will. His name is on the house. Not hers. Will the state step in and take his property and house or is there something she can do?? Also is there a benefit she will receive since how he won't be getting a SSI check anymore?
Thanks.
Did he have any children? If not, then your mother would inherit his estate. If he did have children, then your mother would inherit half of his estate and his children would inherit the rest.

If the house is all he had of any significance then google "small estate administration" to see if his estate qualifies. Otherwise, probate will have to be opened.
 

justalayman

Senior Member
Also is there a benefit she will receive since how he won't be getting a SSI check anymore?
Is she working? Is there some reason she can't work? Unless she is disabled, social security (SSI) is not available. Since SSI is a needs based program and the husband had no SS earnings, there are no benefits available to her based on his SSI benefits. Whether she may be eligible for some state welfare benefits may be possible if she qualifies. She would need to apply to the state if she might qualify.

If she can work and isn't, it's time to start job hunting.

If he was on Medicaid, yes, they can attempt to recover benefits paid from his estate.
 

justalayman

Senior Member
I suggest you encourage her to get the house probated ASAP so she can have ownership.
What do you think that will benefit? If the state has a right to demand the home be sold to repay Medicaid, the ASAP transfer you suggest will not prevent it.

Illinois does delay enforcing a lien as long as the spouse remains in the home though so op's home should be safe until op's death or the sale of the home, if there is in fact a lien on the home. Depending on the circumstances there may or may not be a lien and there may or may not be any attempt to attempt any recovery.

Here is a good summary of the rules in Illinois.

https://www.illinois.gov/hfs/info/Brochures%20and%20Forms/Brochures/Pages/HFS3419b.aspx

Additionally, property, real and personal, devolves to the heir at the time of death. That means registered transfer of title is a formality although the devolution does not protect it from claims against the estate
 
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LdiJ

Senior Member
What do you think that will benefit? If the state has a right to demand the home be sold to repay Medicaid, the ASAP transfer you suggest will not prevent it.
Medicaid WILL NOT take a home away from a surviving spouse, EVER.

Illinois does delay enforcing a lien as long as the spouse remains in the home though so op's home should be safe until op's death or the sale of the home, if there is in fact a lien on the home. Depending on the circumstances there may or may not be a lien and there may or may not be any attempt to attempt any recovery.
Ok, that is a better but she still needs to get the house into her name ASAP.

Additionally, property, real and personal, devolves to the heir at the time of death. That means registered transfer of title is a formality although the devolution does not protect it from claims against the estate
While that is true, it causes all kinds of issues when it does not get done in a timely fashion.
 

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