I live in the state of California.
My grandfather just passed suddenly (and without having written a will).
He is survived by his two children (who are his heirs by default).
One of the children (my mother) is currently receiving medical, medicare, social security and section 8 benefits.
She, nor my uncle (the other heir) ever had a relationship with their parents, therefore, she would like to give her portion of the inheritance to her children (as my grandfather would have wished).
Is there a way for her to do so upon the close of probate without risking the loss of her benefits?

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Originally Posted by glitterkitty

I live in the state of California.
My grandfather just passed suddenly (and without having written a will).
He is survived by his two children (who are his heirs by default).
One of the children (my mother) is currently receiving medical, medicare, social security and section 8 benefits.
She, nor my uncle (the other heir) ever had a relationship with their parents, therefore, she would like to give her portion of the inheritance to her children (as my grandfather would have wished).
Is there a way for her to do so upon the close of probate without risking the loss of her benefits?

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I do not believe so. She is entitled to receive by Will. She could renounce/refuse and let her brother take the entire estate and then he could distribute her portion - or keep it for myself.

As soon as the Will is filed for probate and notices are sent out the fact that your mother has inherited becomes known.

I would consult with an Attorney but if your mother makes honest disclosure she will lose some/all of her benefits or else have to repay the Government for what she has received (obviously not SS and/or medicare which are not income based).

Thanks for your response.
We hired a probate attorney and, because of his, seemingly little, knowledge on the subject and suggestions (none of which accomplish any of the goals of our family), I turned to my own common sense and the internet for help.
Financially, I really have no other options.
Thanks again for your help.

Quote:

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Originally Posted by glitterkitty

Thanks for your response.
We hired a probate attorney and, because of his, seemingly little, knowledge on the subject and suggestions (none of which accomplish any of the goals of our family), I turned to my own common sense and the internet for help.
Financially, I really have no other options.
Thanks again for your help.

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You don't need a probate Attorney - the executor of the estate needs to retain a probate Attorney.

It sounds like you need an expert in elder law or estate law.

One may look into a trust, where she merely receives a small check from it each month.

*** from a personal issue, something is hard to go with, a person can get enough money to pay their own bills and get off welfare for at least a little while. But instead they want to keep getting our tax money and give the money to someone else.
I am not sure it just bothers me

I understand your disgust (as I am a taxpayer whom has never benefitted from any government program).

My mother knows that she is not meant to have the money (my grandfather had expressed his wishes to friends and family, however, died before he had prepared his will) which is why she is trying to find a way to make sure that her father's wishes are respected.