Will the state take my mom’s inheritance?
So long story short, my mom 60YO and uncle inherited a home from their grandmother (their mom passed a while ago). No will, no testament nothing unfortunately. NYS
They can’t get along so my mom wanted to cut ties to the whole thing, took him to court and they settled on him buying her out. $65k
Now, my mom has been on disability for at least 20 years. SSDI, SNAP, Medicaid and Food stamps. Her personal bank accounts are in the negative, and she’s already living in a government assisted apartment. $450/mo. She receives roughly $900 a month in assistance and can barely pay for everything with that’s esp in New York.
She’s afraid that when she receives her settlement (minus lawyer fees and paying my brother back for the money he put up for the lawyer) that the government will take the settlement. She wanted to buy a car, and other necessities that she needs since she’s been borderline surviving all these years.
We’ve been looking into trusts/other accounts or other options where she wouldn’t have to spend her money to stop it from being snatched. Has anyone heard of an ABLE account? I told her she should talk to a New York elder-law/special-needs-planning attorney or an estate lawyer. She seems to think that Google and ChatGPT would suffice. Ughh
Can anyone give any insight or advice?