She is divorced and has no children. The money (40,000) that we know of will go to her mother (my mother in law) who is in asst living and covered by a government program for her housing. Now if the money goes to her we are afraid she will no longer be able to be on the program and lose her housing (she love her home and her roommate) Can she turn down the money or gift it? I know they ask her on her two year reviews if she has recieved any money. We were told she would be off the program until the money runs out, that would be fine but she would not be able to live there because of the program but could re-apply after the money runs out. this would mean we would have to find a new asst living for a few months because the money would run out fast. And she would have to re apply to get back on the program. She would lose her roomate and her house. We are pulling our hair out with this one. Any advice would help. Thank you
Heirs are any blood relative, not just her Mom.
"In order to maintain eligibility for the benefit programs and hold on to their property and resources, one needs a legal instrument to protect those resources from becoming countable assets. By virtue of the federal law known as OBRA, passed in 1993, and the Minnesota Statute 501B.89, subdivision 2 & 3, as well as subsequent court decisions, the assets of the Supplemental or Special Needs Trust will not be deemed to be available resources or countable for eligibility determination by programs such as SSI or MA." See an attorney ASAP and discuss such a Trust.
You might try looking up the specific program on the internet to see if their Frequently Asked Questions link addresses that issue. I wouldn't think it would be that uncommon.
Before I contacted the organization, though, I might spend $300 for an hour's consultation with an elder law attorney. It's POSSIBLE there might be a way to put the money into a trust for your MIL directly from the estate. Don't know.