Will Inheritance Affect My Public Benefits?

Print Article
Will an inheritance affect my public benefits?

We get a version of this question every week or two. I’m about to inherit something from a family member’s estate. How will it affect my public benefits?

What public benefits do you receive?

The answer is often confusing, and for good reason. The first difficulty is determining what kinds of public benefits you receive.

In general, some public benefits programs are based on your assets and/or income, but others are not. Those that are “means-tested” (that is, rely on determining your assets or income, or both), include these (and here we use the Arizona program names where they differ from national names):

  • Supplemental Security Income (SSI)
  • AHCCCS (Arizona Health Care Cost Containment System) and ALTCS (Arizona Long-Term Care System)
  • Nutrition Assistance (many still use a decades-old name: Food Stamps)
  • Cash Assistance (Arizona’s version of TANF)
  • Rental assistance (often, but not always, “Section 8” housing assistance)

Other public benefits programs are not means-tested. The two main benefits that do not get affected by your income or assets are:

  • Social Security Disability Insurance (SSDI, sometimes shortened to SSD)
  • Medicare

So how will your inheritance affect those public benefits?

Are you sure about your benefits program(s)?

We are surprised when people aren’t sure what benefits they receive. But we shouldn’t be. The myriad of names, confusing acronyms and different administrative agencies can keep the confusion level high.

Let’s start with the two main cash programs: SSD and SSI. The first is insurance. If you receive it, you paid into the system (or a parent did) and you are covered by the program. And now that you are disabled, you receive a monthly disability payment.

But hold on: if you receive SSI, that is also based on a disability determination. So if you tell us that you receive “disability”, we cannot tell which program you benefit from. And it makes all the difference in the world: if you inherit millions from your wealthy grandparents, it will not have any effect on your SSD. But $2,000 could cut you off SSI.

We can often figure out which program you are on by asking you two follow-up questions:

  1. How much do you receive each month? If your answer (in 2026) is $994, we suspect that you get SSI. That’s the maximum amount an Arizonan can receive. And if your answer is less than $994, we’ll assume that your basic SSI benefit has been reduced (there are a couple of ways that can happen).
  2. Are you on Medicare? Twenty-four months after you start receiving SSD, you qualify for Medicare automatically. That, or being age 65, are pretty much the only ways into the Medicare program. So if you are on Medicare, you probably are receiving SSD.

It’s possible to receive both SSD and SSI. We’ll guess that you are in that category if your total monthly income is $1,014; that’s what happens if you receive SSD but of less than that amount. Then you can get an SSI check to bring your income up.

So how will your inheritance affect your public benefits?

We still have more questions

If you receive SSI benefits in Arizona, you automatically qualify for AHCCCS. That’s Arizona’s version of general medical benefits under Medicaid. But you don’t automatically qualify for ALTCS. And SSI eligibility is not the only way into the AHCCCS program, either.

Arizona decided not to check on your assets before giving you AHCCCS benefits — well, it doesn’t check assets for most AHCCCS programs, anyway. Because, you see, AHCCCS is actually a cluster of about eight different programs (depending on how you count them). Some provide general medical care, some long-term care, and some just pay your Medicare deductibles, premiums and/or co-payments.

So now we have to review the difference between “income” and “assets” for public benefits purposes. Fortunately, the difference is pretty straightforward. When you receive money, it is usually (let’s stay with “usually” for now) treated as income. But it doesn’t get into the “asset” category until the first of the next month — if you still have it, or any of it.

So let’s imagine for a moment that your inheritance is $25,000, and you receive it all this month. Coincidentally, that’s how much you owe on credit cards (or your mortgage, or your car loan). You can pay off your debt before the first of next month, and you have no asset problem!

But wait: AHCCCS’s general medical benefit doesn’t consider your assets. So you can keep your inheritance in a bank account, in an investment account, or as pennies stored under your bed (please don’t do that) and not affect your benefits eligibility. At least not as to AHCCCS.

So if I get SSDI and Medicare, I’m set — Right?

Well, almost. Someone who receives Social Security Disability Insurance (and no SSI) qualifies for Medicare without having any income or asset limitation. But they might also receive benefits from other programs.

The SSD/Medicare beneficiary, for example, might get AHCCCS benefits that pay their Medicare co-payments, deductibles and/or premiums. Or they might also be on ALTCS — the Arizona Medicaid program for long-term care benefits.

Many beneficiaries of SSD and Medicare also get other kinds of subsidies. They might receive rent support, food supplements, or even additional cash assistance. An inheritance might affect those public benefits, as well.

How big of an inheritance will affect my public benefits?

If you are scheduled to receive a very modest inheritance (let’s say $10,000 or less), it probably won’t have much if any effect. Why not? Because it’s probably easy to spend down any excess before the end of the month.

You can pay off debts. That includes credit cards, home mortgages, car loans. One word of caution: it probably won’t include all the money your family gave you to get you through the tough times. Even if you think you have a moral obligation to repay, the benefits system wants to see a legal obligation before allowing a penalty-free repayment.

What if the inheritance is larger? Let’s say it’s going to be $100,000. Can you still maintain your public benefits?

Again, we need to talk through the different benefits you receive. A larger inheritance might not affect your SSD or Medicare, but cost you your AHCCCS premium subsidies. But maybe you’re OK with that — especially knowing that once you have spent down the inheritance, you can return to receiving the benefit. Same thing with rent support, at least in many cases. Maybe you’ll use the inheritance to purchase a home — and then you won’t need rent assistance.

Does it make any difference what kind of inheritance?

Yes, it does. So far we’ve just been assuming that your inheritance is cash. But what if it’s a house? Or a car? Or an Individual Retirement Account (IRA)? The kind of inheritance can make a difference.

There might be tax consequences (as there are with IRAs, 401(k)s, 403(b)s, 457(b)s and other deferred payment plans). Those might not be as important as how the plan affects your public benefits, but they still need to be considered.

Maybe you’re going to inherit a Roth version of one of those retirement plans. Good news: there’s no income tax issue. But in order to deal with the effect on public benefits, you might end up losing the income tax advantages to a plan beneficiary.

Will you inherit a car? If you don’t already have one, there’s probably no problem. If you do have a car — well, most public benefits plans only allow you to have one. But you can sell (or perhaps even give away) one and keep the better vehicle.

Inheriting a house? As with cars, you generally can only have one and still qualify. But there might be flexibility in how to handle the inheritance for maximum advantage.

Does this all sound complicated?

It is. We’re sorry. But because there are a myriad of different programs, and many different eligibility rules, it’s hard to generalize about how your inheritance might affect your public benefits.

Once we know what effect the inheritance will have, we can talk about how to deal with it. Your options might include:

  1. Foregoing the public benefits, or some of them — either permanently or for a period of time.
  2. Quickly spending down the inheritance in a way that you receive benefits (like paying off debt, buying new appliances, purchasing a house or car) but without losing your public benefits.
  3. Sitting tight on the inheritance — if your public benefits aren’t affected, or minimally affected.
  4. Establishing a special needs trust — though this option is not available to everyone.
  5. Putting money into an ABLE Act account — though this option is not available to everyone, and is limited to $20,000/year (in 2026).

Here’s the key takeaway for this complicated topic: if you are going to receive an inheritance, it might (but might not) affect your public benefits. You should get good legal advice about whether it will, and what you might be able to do about it if it will.

Leave a Reply

Your email address will not be published. Required fields are marked *

Stay up to date

Subscribe to our Newsletter to get our takes on some of the situations families, seniors, and individuals with disabilities find themselves in. These posts help guide you in the decision making process and point out helpful tips and nuances to take advantage of. Enter your email below to have our entries sent directly to your inbox!

Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.