How do I set up Will to give my condo to son without the state/Medicaid penalizing him?

UPDATED: Oct 1, 2022

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How do I set up Will to give my condo to son without the state/Medicaid penalizing him?

My son is permanently disabled due to paranoid schizophrenia. He will never be able to work and his only income is SSI. He also has Medicaid. He lives with me in my 2bd/2bath condo. I make monthly mortgage payments and I’m doubtful that the mortgage will be paid off by the time I die. However, when I die, I’d like my

condo to go to him so that he can live in it and if he gets a roommate, he would be able to continue making the mortgage payments. I have heard that the state will penalize him and reduce or end his SSI/Medicaid benefits if he inherits my condo. How do I protect him from this happening? I’ve heard something about

making a Trust?

Asked on June 1, 2019 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, there are trusts, such as special needs trust, into which you can put the condo and which will maintain it for him, but these trusts are very tricky and technical, with many rules with which they must comply to make sure SSI/Medicaid eligibility is not impacted. You need to go to any attorney who regularly does this (e.g. a trusts and estates lawyer; or a lawyer whose practice is focused on the needs of the disabled) to both evaluate whether what you propose is possible (e.g. falls under what is permitted) and, if it is, that it is done correctly. Do NOT try to do this yourself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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