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

[Josh Grant]

Not sure what form she inherited.  I assume she is on Medicaid. If a Will, and If the will had some kind of trust, you might be able to go to court and “reform” it to be a 3rd party special needs trust after notice to DSHS.  Otherwise, I would think she would lose her benefits. I don’t know if a LOT qualifies as a 3rd party special needs trust.

From: Setareh Mahmoodi 
Sent: Monday, January 11, 2016 8:06 PM
To: wsbapt at lists.wsbarppt.com 
Subject: [WSBAPT] Question on Life Opportunities Trust/ RCW 11.96A

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 could be in court or meetings. Thanks! 

Best regards, 




Setareh Mahmoodi 

Attorney at Law 

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible) 

Website: http://www.lawofficesofsm.com/




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