[WSBAPT] SNT

Thu Sep 3 18:22:01 PDT 2015

The trustee is a family friend and a retired RN with a mental health
background

On Thu, Sep 3, 2015 at 6:00 PM, Jeff Davis <jeff at bellanddavispllc.com>
wrote:

> Carl,
>
>
>
> I know you want to trustee in the Puget Sound area, but I have used:
>
>
>
> Northwest Trustee & Management Services
>
> 7307 N. Division
>
> P.O. Box 18969
>
> Spokane, WA  99228-0969
>
> Telephone:         (509)-466-3024
>
> Fax:                       (509)-468-2577
>
> www.nwtrustee.com
>
>
>
> Stephen Trefts is the President and is very personable.  He knows Clallam
> County well.  They deal with moderate size trusts.
>
>
>
> Jeff Davis
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Carl L. Gay
> *Sent:* Thursday, September 03, 2015 5:21 PM
> *To:* 'WSBA Probate & Trust Listserv'
> *Cc:* listserve elder law
> *Subject:* Re: [WSBAPT] SNT
>
>
>
> I am enjoying all the posts in response to this query.  I have a situation
> where I need assistance in locating a professional trustee to administer a
> special needs trust for the 40+ year old daughter of elderly clients.
>
>
>
> My clients are both in rapidly failing health and their daughter (and only
> child), who currently resides with them, is bi-polar and subject to
> unpredictable rages.  She is at other times perfectly “normal” and so some
> type of involuntary commitment is likely unsustainable.
>
>
>
> There are no other relatives or close friends available to accept
> responsibility for her.  The size of the estate is moderate but I see no
> alternative available other than a professional trustee for the rest of the
> daughter’s life.
>
>
>
> I would appreciate referrals, most likely in the greater Puget Sound
> area.  Many thanks.
>
>
>
> Carl Gay
>
> Port Angeles
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Heather deVrieze
> *Sent:* Thursday, September 03, 2015 4:24 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] SNT
>
>
>
> The issue I would focus on for this situation is what discretion the
> Trustee has, selecting a good one, who understands the disability, and the
> termination provisions. Often a SNT will provide for termination “when the
> disability ceases”. That might need to be more well defined for this
> beneficiary, or removed altogether.
>
>
>
> I don’t think there is any requirement that a beneficiary of a SNT be
> permanently or continuously disabled. This might be similar to an alcoholic
> or drug addict, often times they may be just fine, but if they fall off the
> wagon can be very unable to handle funds. A SNT is a perfect vehicle for
> their needs with a trustee who understands the situation.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
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>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Jayne Gilbert
> *Sent:* Thursday, September 03, 2015 4:02 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] SNT
>
>
>
> Ok maybe I have misused the term SNT What I'm trying to cover is a Trust
> for the benefit of someone that has capacity most of the time (can be
> years) but has episodic events that render him incompetent. I am looking
> for trust provisions to address incapacity and then regaining competency
>
>
>
> Thank you
>
>
>
> On Thu, Sep 3, 2015 at 3:39 PM, Jim Doran <jim at doranlegal.com> wrote:
>
> I am wondering about this question.  Maybe I am missing something.  And
> maybe it is because I have not faced what is actually being asked.
>
>
>
> Anyway, the Special Needs Trusts that I do are not illness specific.  They
> are worded to set up the Trust and corpus for the benefit of the
> Beneficiary to be used for *anything that does not violate the rules and
> regulations on any federal or state aid programs* the beneficiary might
> be getting or to get in the future.  I have seen the SNT that recites a
> listing of what the Trust can be used for but the better practice, so I was
> taught, is to not try to list the things that the Trust can be used for
> but, on the other hand, to list what it can’t be used for: “anything that
> violates the aid the beneficiary is receiving”.
>
>
>
> I can imagine that there could be a SNT that is not concerned with aid
> programs at all and that recites specific things the Trust can be used
> for.  Is that the version of what you are asking for?
>
>
>
> Jim
>
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street – Suite 205
>
> Bellingham, WA 98225
>
> (360)393-9506
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Jayne Gilbert
> *Sent:* Thursday, September 3, 2015 12:06 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] SNT
>
>
>
> Does anyone out there have provisions they might share for a SNT involving
> a beneficiary who is bi-polar? In this case the benef for the most part
> functions quite well for years, but hits some episodes for which his
> medicine needs to be changed or he may need to go to the hospital for a
> while
>
>
>
> Thank you
>
>
>
> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
>
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>
>
>
>
>
> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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