[WSBAPT] Special Needs Trust & allowable expenses

[Jim Doran]

Thank you.  I think the remodel is really electrical and insulation repair
that will certainly benefit the disabled beneficiary.  Incidental to that
will be new construction to cover the repairs.

I appreciate the perspective.

Jim


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Wed, Jul 26, 2017 at 12:03 PM, Krista MacLaren <kjm.inc at mac.com> wrote:

> Jim,
>
> I’m certainly no expert on this, but if the remodeling is for the purpose
> of making the home more appropriate based on the specific disabilities of
> the sister, then I think it makes perfect sense to spend trust funds on it,
> particularly when the remainder beneficiaries are chipping in.  If the
> house as it is cannot adequately accommodate the disabled sister, then she
> is not getting the benefit of the house.  When the trust was written, the
> point was presumably to give her a benefit of a place to live that met her
> needs.   I would feel comfortable with this expenditure, but I think there
> should be some good documentation about what isn’t working for the sister
> and why, and how the remodel will make it work better.
>
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle, WA 98115
> (206)523-6116 <(206)%20523-6116>
> kjm.inc at mac.com
>
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> On Jul 26, 2017, at 11:50 AM, Jim Doran <jim at doranlegal.com> wrote:
>
> AGAIN:  Any one comment on this???
>
> My client is a Trustee under a SNT for a disabled sibling, his sister.
> The SNT is not particularly well written so there is not much guidance as
> to what the trust funds can be used for on behalf of the beneficiary
> sibling.  The disabled sister has a life estate in the family home (parents
> are deceased).  The Trustee wants to spend $5,000 from the Special Needs
> Trust to help with remodeling the home where the disabled sister lives. The
> other siblings, the eventual owners after the expiration of the life
> estate, will contribute $15,000 towards the remodel.
>
> Is it appropriate for the SNT to contribute the funds to the remodel of
> the house occupied under a life estate by the beneficiary of the SNT?
>
> Jim Doran
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
> jim at doranlegal.com
> www.doranlegal.com
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