[WSBAPT] Special Needs Trust question

Eric Nelsen Eric at sayrelawoffices.com
Thu Mar 3 12:31:56 PST 2016


Disabled adult child (50 years old) is inheriting a one quarter share of parent's estate. The parent is deceased, no will, so we are working toward getting a special needs trust set up for the disabled child's distribution.

The family's desire is to keep the family house that the disabled child has lived in continuously since birth; but, we do not have sufficient assets to do non pro rata distributions and avoid putting real estate in the special needs trust.

Can a special needs trust retain a real property interest, and allow the beneficiary to live at that property rent-free, without violating the need-based requirements for government assistance?

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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