[WSBAPT] d4a Trust & Section 8 Housing - Resource Recommendation?

David Faber david at faberfeinson.com
Mon Aug 13 11:53:21 PDT 2018


Client received a settlement of about $50k, spent a bit, and then received
a question from state authorities about whether she had established a
special needs trust. In the past, I've utilized a d4a structure to deal
with a windfall like this (also, historically I've only made SNTs for
inheritance) but this is the first time my client has been on section 8
vouchers.

I've reviewed a series of materials that I've been able to find, but all of
them appear well out of date (specifically, they all have referred to a 2%
passbook rate but I see reports from a few years ago that the rate was
reduced to .06%; plus I know that there have been other updates to the
rules regarding d4a trusts and Section 8 since then, such as whether
distributions are imputed as income).

I'm looking for an up-to-date resource that I can use to figure out the
current pitfalls for a section 8 recipient when establishing and funding a
SNT, and for providing guidance to a trustee (including, perhaps, a
relatively recent CLE that properly discusses the state of the law here in
WA). Does anyone know of such a resource? Alternatively, is anyone willing
to let me pick their brain about this topic so that I can be sure to avoid
causing my client to be booted out of their house?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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