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Old 02-19-2004, 03:51 PM
A.G. Kalman
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Posts: n/a
Default Re: When I die......?

John B wrote:

- quote -

> I am a 76 year old California widower with no children or
> dependents. When I die, (in about 15 years :-), I would like
> to leave my mutual fund savings to a senior handicapped lady
> who is on SSI Disability. (I believe she gets about $800 per
> month).
> I understand that if I leave her any money, she has to pay
> back the SSI money she has already received from the
> government. In effect, I would be giving my money, not to
> her, but to the State and Federal government.=A0=A0I can
> understand the rationale, and I love my government, but not
> that much.
> If I were completely unethical, say I was an ex-CEO or
> politician, could I cash in my mutual funds, (I don't really
> need them), convert the cash to $100 bills, and leave them
> in a shoe box where she can find them after I die. That way,
> she could have some kind of life. Buy her clothes at
> Mervyn's instead of Goodwill, etc.
> I live in a nice mobile home. If I leave it to her, and she
> lives in it, will she have to sell it to reimburse the govt?
> She has no other home.
> The lady doesn't file any income tax and presumably will
> never do so. Hopefully I will be beyond the reach of the
> IRS, (unless I am in Hell ), but is the above hypothetically
> doable? Is there something I am missing, or is there some
> other devious action I can take?


The mere fact that you use the term "devious action" leads
me to believe that you are already aware that her actions to
conceal funds to obtain SSI and/or Medi-Cal payments would
be a felony.

I don't know where you and she live in CA, but there are
organizations that provide free legal advice to the elderly
especially relating to SSI and Medi-Cal and the rules for
qualifying and maintaining eligibility. E.g., in Los
Angeles County you can obtain this advice from Bet Tzedek
(The House of Justice). You can visit their website for
more information. http://www.bettzedek.org/ or call them at
(323) 939-0506.

If you live outside Los Angeles, you can call the local
county bar associations and ask them for a listing of
organizations that provide free legal counseling for low
income seniors.

--
Alan
http://taxtopics.net

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  #1  
Old 02-19-2004, 03:51 PM
Stuart Bronstein
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Posts: n/a
Default Re: When I die......?

JohnBradford2[at]webtv.net (John B) wrote

- quote -

> I am a 76 year old California widower with no children or
> dependents. When I die, (in about 15 years :-), I would like
> to leave my mutual fund savings to a senior handicapped lady
> who is on SSI Disability. (I believe she gets about $800 per
> month).


Actually, you're better off talking to a private social
worker than anybody here for the questions you have.

- quote -

> I understand that if I leave her any money, she has to pay
> back the SSI money she has already received from the
> government. In effect, I would be giving my money, not to
> her, but to the State and Federal government.=A0=A0I can
> understand the rationale, and I love my government, but not
> that much.


I believe there's a way to leave it to her in a
discretionary trust, so that she will still qualify for SSI.
It's called a Special Needs Trust. I'm not an expert on
these trusts, though.

- quote -

> I live in a nice mobile home. If I leave it to her, and she
> lives in it, will she have to sell it to reimburse the govt?
> She has no other home.


I believe that her home would be exempt from going to the
government or being counted as a disqualifying asset, at
least as long as she's alive. When she dies her estate may
be required to pay the government back, and your mobile home
would be sold to pay them.

Stu

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Old 02-19-2004, 02:34 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: When I die......?

JohnBradford2[at]webtv.net (John B) writes:

- quote -

> Is there something I am missing, or is there some
> other devious action I can take?


You need to talk to a lawyer well versed in SSI law, not a
tax advisor.

Phil Marti
Topeka, KS

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  #-1  
Old 02-18-2004, 05:29 PM
John B
Guest
 
Posts: n/a
Default When I die......?

I am a 76 year old California widower with no children or
dependents. When I die, (in about 15 years :-), I would like
to leave my mutual fund savings to a senior handicapped lady
who is on SSI Disability. (I believe she gets about $800 per
month).

I understand that if I leave her any money, she has to pay
back the SSI money she has already received from the
government. In effect, I would be giving my money, not to
her, but to the State and Federal government.=A0=A0I can
understand the rationale, and I love my government, but not
that much.

If I were completely unethical, say I was an ex-CEO or
politician, could I cash in my mutual funds, (I don't really
need them), convert the cash to $100 bills, and leave them
in a shoe box where she can find them after I die. That way,
she could have some kind of life. Buy her clothes at
Mervyn's instead of Goodwill, etc.

I live in a nice mobile home. If I leave it to her, and she
lives in it, will she have to sell it to reimburse the govt?
She has no other home.

The lady doesn't file any income tax and presumably will
never do so. Hopefully I will be beyond the reach of the
IRS, (unless I am in Hell ), but is the above hypothetically
doable? Is there something I am missing, or is there some
other devious action I can take?

Thanks,
John.

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