[WSBAPT] Special Needs Trust/ PR Question

[Marcus Fry]

It won’t cause any issues with government entitlement programs unless he fails to fulfill his duties or breaches his duties and places assets in his own name.  Notwithstanding, I generally avoid appointing the individual as PR if they will be a beneficiary of a discretionary trust established under the Will.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Tuesday, January 19, 2016 2:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Special Needs Trust/ PR Question

Hello,

I have a client who has a son with disabilities. She wants to create a Special Needs Trust for him in her will, he will be the only beneficiary. She wants him to also be the personal representative. She will have other people to appoint as trustee for the SNT. However, she is very intent on having him as the PR and also on her Financial and Medical POAs as the attorney in fact.

I am having a very difficult time finding anything on whether or not this is appropriate. I am afraid that this will cause issues in the future with his government funding/programs.

Has anyone dealt with this before or can direct me to where I can find more on this topic?
Thanks so much!

--

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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