How can I avoid life insurance money affecting my brother’s SSI?

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Our grandfather recently past away and he had a life insurance policy from a past job on my brother and I. Split two ways it came out to $6,500.00 each. The check was written out to my brother. I am his POA. I am worried that if I deposit the check that he will lose all of his SSI, medicaid and medicare. Is there anything I can do so that the money will come to me and not affect his SSI and benefits?”

Asked June 21, 2017

1 Answer


If you are the beneficiary of a life insurance policy and you receive a payout, it may affect your brother's Supplemental Security Income (SSI) benefits if he is receiving them. SSI is a needs-based program, which means that the amount of income and assets you have can affect your eligibility and benefit amount. Here are some strategies to consider to avoid life insurance money affecting your brother's SSI:

  • Set up a special needs trust: If your brother has special needs, you can set up a special needs trust that can hold the life insurance proceeds on his behalf. The trust can be used to pay for things that are not covered by SSI, such as medical expenses, education, and other necessities. The trust can also be set up to be a discretionary trust, which means that the trustee has the discretion to decide when and how the funds are used.
  • Use the money to pay for funeral expenses: If your brother is the beneficiary of a life insurance policy, you can use the proceeds to pay for his funeral expenses. This will not count as income for SSI purposes and will not affect his benefits.
  • Spend down the money: If your brother is currently receiving SSI benefits, you can spend down the life insurance proceeds on his behalf. You can use the money to pay for things that are not counted as assets for SSI purposes, such as home repairs, education, and travel expenses.
  • Transfer the money to a non-countable asset: If your brother is receiving SSI benefits, you can transfer the life insurance proceeds to a non-countable asset, such as a car or a home. This will not affect his SSI benefits, as long as the asset is used for his benefit.
It's important to consult with an attorney or financial advisor who specializes in special needs planning and SSI rules to determine the best course of action for your specific situation. They can help you navigate the complex rules and regulations surrounding SSI and ensure that your brother's benefits are protected.

Answered June 24, 2017 by bluemarlin08

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