[WSBAPT] Deferral of Special Needs Trust in Trust provisions

Tue Nov 24 12:31:11 PST 2015

There's a limit for what we can or should plan out in the future.  SNT
admin is or can be difficult and changing it in the future will require
notice to beneficiaries and perhaps GALs....Clients need to have
responsibility for changing either to or from SNT if needed?

On Tue, Nov 24, 2015 at 12:13 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> That makes sense, but I'm thinking of the case where there is no way of
> knowing if SN is involved--such as someone providing in a Will for
> grandchildren who aren't born yet, or a beneficiary who is fine now but
> becomes disabled due to accident, injury, whatever.
>
>
>
> I know, they should revise the Will as circumstances change...but I'm
> thinking of the cases where that's not going to happen, and trying to come
> up with a general provision that could take care of the possibility.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA  98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Katharine P. Bauer
> *Sent:* Tuesday, November 24, 2015 11:23 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Deferral of Special Needs Trust in Trust
> provisions
>
>
>
> If there is a hint of SN, then I will often fund the SNT and give the
> trustee the option to change distribution terms and distribute entirely ...
> I believe there are fewer questions about this process than the reverse.
>
>
>
> On Tue, Nov 24, 2015 at 10:12 AM, Valerie Ohlstrom <
> valerie at ohlstromlaw.com> wrote:
>
> Please answer to the list. Thank you.
>
>
>
> Very Truly Yours,
>
>
>
> Val
>
>
>
> Valerie O. Ohlstrom
>
>
>
> Ohlstrom Law Office
>
> valerie at ohlstromlaw.com <vohlstrom at comcast.net>
>
> www.ohlstromlaw.com
>
> (425) 881-5251
>
>
>
>
>
> This electronic message is intended for the sole use of the recipient(s)
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, November 24, 2015 9:37 AM
> *To:* WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
> *Subject:* [WSBAPT] Deferral of Special Needs Trust in Trust provisions
>
>
>
> I had a thought while working on another matter, that there are situations
> where an estate planning client might want to provide for a trust for
> someone – grandchild, for example – but does not know whether that
> beneficiary might at some point need government benefits, and a special
> needs trust would be appropriate.
>
>
>
> What do y'all think about having an option for a Trustee to fund a special
> needs trust and terminate the ordinary trust early? Something like:
>
>
>
> If the Trustee determines, in Trustee's sole and absolute discretion, that
> X qualifies or could qualify for government benefits but for the benefits
> provided under this trust, then Trustee may retain counsel to create a
> special needs trust for X's sole benefit during his/her life and having
> remainder interest provisions identical to this current trust, and having
> trust purposes and distribution instructions that would allow X to qualify
> for such government benefits, and upon creation of such special needs trust
> may terminate this Trust and transfer all remaining assets into such
> special needs trust.
>
>
>
> Would this work? Assuming the special needs trust had the appropriate
> provisions, I think this could change an ordinary trust into a
> non-self-settled special needs trust if it becomes necessary.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA  98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
>
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>
>
>
>
> --
>
> Katharine P. Bauer
>
> Bauer Pitman Lifetime Legal, PLLC
> 1235 Fourth Ave. East, Suite 200
> Olympia, Washington 98501
> tel. 360.754.1976
> fax. 360.943.4427
>
> e-mail: kpb at bpblegal.com
>
> This message is confidential and may be protected by the attorney-client
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

This message is confidential and may be protected by the attorney-client
privilege; it is intended solely for the use of the individual named above.
If you are not the intended recipient, you are hereby advised that any
dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this e-mail in error, please immediately
notify the sender by telephone or e-mail, delete this message from your
files, and return any printed copies to the sender by U.S. mail. Circular
230 Disclosure: Any tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties that may be imposed under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction, arrangement, or other matter
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