[WSBAPT] Question on Life Opportunities Trust/ RCW 11.96A

[Setareh Mahmoodi]

Hello,

I was hoping someone on here may be able to answer a question for me.

I represent an heir in a probate, she has developmental disabilities. She
has ever since she was born and is receiving state programs. However, I
have had her get a note from her doctor saying that she is fine to sign and
understand legal documents.

Her father passed, left her an inheritance in the form of annuities. In an
effort to make sure she does not lose her government funding and programs,
everyone has agreed to sign a non-judicial binding agreement under RCW
11.96A.22 and change the annuity to a LOT (Life Opportunities Trust) which
she qualifies for. (This was done by another attorney who represented her
previous to me).

My question: Is it enough to have the PR and all other heirs sign the
agreement and file it and wait the 30 days for it to become effective. Or
should it be changed to a judicial agreement and get court approval? Are
there any laws I am overlooking or need to be aware of?

Any other advice around the issue would also be very welcomed and helpful.

Thanks so much in advance.

Setareh

-- 

Please always call 206-683-1006 or email before dropping by the office as I
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*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006*

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