[WSBAPT] (d)(4)(a) Supplemental Needs Trust - Establishment Issue

[David Faber]

List:

I have been asked to prepare a (d)(4)(a) self-settled supplemental needs
trust for a client who is set to inherit about $80k from a deceased parent
who died intestate. The parent failed to create the proper trust structure,
has no surviving parent (or grandparent), is not subject to a guardianship,
and is under the age of 65. Having a court-directed (d)(4)(a) trust appears
to be a cumbersome and costly proposition, but that's the only mechanism
that I have been able to find to fund the trust. The PC's only public
benefit that they are trying to retain is SSDI.

Is it accurate that only a parent, grandparent, guardian, or court can
establish a (d)(4)(a) trust? A child would not be sufficient?

Alternatively, has anyone ever used a disclaimer to a child and then have
the child establish a 3rd-party SNT?

Lastly, has anyone ever made a TEDRA Agreement to authorize the
distribution of assets to an SNT? The deceased parent evidenced intentions
toward an SNT in writing but the Will failed because it did not adhere to
all of the formalities at law for a valid Will.

I'm trying to find the most cost-effective way to put this together for PC
because it isn't a ton of money. Any recommendations would be much
appreciated. Thank you.

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

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