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

[Setareh Mahmoodi]

Hi Michael,

I agree with Candace. I have done this before for beneficiaries. It also
helps if everyone is on the same page and agrees, you could do a binding
non-judicial agreement between all parties and request the court establish
a SNT. King county does have a list for GALs. One of my favorite GALs I've
worked with in the past in King County is Roger Kohn.

Feel free to call if you have any questions.

Setareh

On Mon, Sep 9, 2019 at 5:26 PM Candace Wilkerson <cwilkerson at wongfleming.com>
wrote:

> Hi Michael,
>
>
>
> I have seen the PR initiate the process of petitioning the court for the
> special needs trust to be established, and I’ve also seen an attorney for
> the beneficiary petition the court to do so (thereby making the beneficiary
> bear the costs of establishing the trust).  If there is a GAL appointed in
> the probate estate on behalf of the beneficiary, the GAL could recommend
> that the SNT be established for the beneficiary.
>
>
>
> Let me know offline if you’d like my experience with this.
>
>
>
> Candace Wilkerson
>
>
>
>
>
> *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 3:35 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
>
>
>
> Hi: WA probate and one child is in CA. Thanks
>
>
>
>
>
> -------- Original Message --------
> Subject: Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
> From: Candace Wilkerson <cwilkerson at wongfleming.com>
> Date: Mon, September 09, 2019 3:05 pm
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>
> I am licensed in CA, but haven’t done special needs trusts there.  Is the
> probate estate filed in WA?  I have been involved in more than one WA
> probate in which a special needs trust (first-party) was established by the
> court before distribution to a beneficiary with a disability.  So, even
> though the beneficiary’s interest may have vested, it’s not too late to
> establish the SNT before distribution.
>
>
>
> Candace Wilkerson
>
>
>
> *From:* *wsbapt-bounces at lists.wsbarppt.com*
> <wsbapt-bounces at lists.wsbarppt.com> <*wsbapt-bounces at lists.wsbarppt.com*
> <wsbapt-bounces at lists.wsbarppt.com>> *On Behalf Of *Diane J. Kiepe
> *Sent:* Monday, September 9, 2019 1:35 PM
> *To:* WSBA Probate & Trust Listserve <*wsbapt at lists.wsbarppt.com*
> <wsbapt at lists.wsbarppt.com>>
> *Subject:* Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
>
>
>
> Some states (and I think CA but disclosure – I’m not licensed there) would
> consider the interest vested for determining if the trust were
> “self-settled” or “third-party trust” where the testamentary document does
> not put the money into trust by the testamentary document’s terms but is
> put there by either a process like TEDRA or by Court Order (I believe CA
> has a court process).  The goal is to not disqualify the beneficiary but at
> the same time require formalities to be recognized.  As such some states
> allow the process to pass from estate to trust but (absent SNT language)
> consider the Trust a self- settled trust.  As you likely know the
> self-settled is subject to estate recovery.
>
>
>
> Best of luck,
>
>
>
> Diane J. Kiepe
>
>
>
> *From:* *wsbapt-bounces at lists.wsbarppt.com*
> <wsbapt-bounces at lists.wsbarppt.com> <*wsbapt-bounces at lists.wsbarppt.com*
> <wsbapt-bounces at lists.wsbarppt.com>> *On Behalf Of *
> *michael at westseattleattorney.com* <michael at westseattleattorney.com>
> *Sent:* Monday, September 9, 2019 12:45 PM
> *To:* WSBA Probate & Trust Listserve <*wsbapt at lists.wsbarppt.com*
> <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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-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

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