[WSBAPT] PR duty as to Will beneficiary on State assistance

Roger Hawkes Roger at law-hawks.com
Mon Sep 9 13:17:45 PDT 2019


I think no and yes.  But I await others’ experience re vesting.  And pose a new query: can a testator pass to the PR the obligation to create a special needs trust in the future if a beneficiary is then incapacitated?  If yes, what level of detail is required regarding terms of the snt?

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Monday, September 9, 2019 12:45 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] PR duty as to Will beneficiary on State assistance

Does PR have a duty to not give inheritance to decedent's child who is on state aid (CA) and or have the funds to go to a special needs trust?  Further,  once the father has died did the money vest in the child and therefore its too late to put into a special needs trust?
Thanks
Mike

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