[WSBAPT] Special needs trust

[Kristina Driessen]

Good Afternoon:

I am looking for the pros v. cons on establishing a special needs trust in a will or just creating one for the individual outright. In either scenario the sums would come from family members.

In the will it establishes a special needs trust if he is on Medicaid [which he now is]. It dictates that if he predeceases the testator that the sums will pass to others.

I seem to recall that if you set up a special needs trust during your lifetime that you have to name the state as the alternate beneficiary.  I could be mixing that up.

Aside from the obvious, [having benefit of the trust now] what are the pros and cons of now or later?


Kristina A. Driessen
Ryan & Driessen
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
kristina at rdattys.comcastbiz.net

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