Yes — receiving an inheritance directly can disqualify someone from SSI benefits if it pushes their assets over the $2,000 limit. The good news is that a special needs trust attorney can help you structure things so your loved one gets the money without losing their benefits. Attorney Cecilia Amo at Amo Law Legacy Planning helps Costa Mesa families do this every day. Call (949) 891-2114.
If someone you love receives SSI, a surprise inheritance could actually hurt them more than help them.
SSI — Supplemental Security Income — has a strict asset limit of $2,000 for a single person. If your loved one receives money directly, even from a well-meaning family member, it counts toward that limit right away.
Go over $2,000 and their benefits stop. They may have to spend down those funds before benefits can restart. That is not the outcome anyone wants.
How It Happens
Common Ways an Inheritance Can Trigger a Problem
It does not take a large sum to cause an issue. Even a $5,000 inheritance received directly can disqualify someone from SSI for months.
It can happen through a will, a life insurance payout, a retirement account, or even a bank account with a payable-on-death designation. If the disabled person is named directly, the money goes directly to them — and the clock starts ticking.
Many families do not realize this until it is too late. The benefits stop, the money gets spent on basic needs, and the process of requalifying can take months.
The Fix
How a Special Needs Trust Solves This
A special needs trust holds the money on behalf of your loved one — without it counting toward their SSI asset limit. The trust is the legal owner of the funds, not the person with the disability.
The trustee can then use those funds to pay for things SSI does not cover — like therapies, technology, travel, or personal care items. Your loved one keeps their benefits and gets a better quality of life. That is the goal.
The key is that the trust has to be set up correctly. A trust that is not properly drafted can still count against SSI. That is why working with a special needs trust attorney matters so much.
What About Medi-Cal?
Does an Inheritance Affect Medi-Cal Too?
California eliminated the Medi-Cal asset limit for most people in 2024. So a direct inheritance may not disqualify someone from Medi-Cal the way it once did.
But SSI still has its strict $2,000 limit — and losing SSI can have ripple effects on other benefits. The two programs are linked in ways that make careful planning important.
A trust attorney who understands both federal SSI rules and California Medi-Cal rules can help you navigate this. The law changed recently, and what worked five years ago may not be the best approach today.
Common Questions
FAQ
Related Resources
Have Questions? Let’s Talk.
Attorney Cecilia Amo helps families in Costa Mesa protect their loved ones with special needs. Call today for a free consultation.