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

Wed Sep 11 13:22:40 PDT 2019

I have requested a particular GAL in some cases, and my request was granted; if I didn’t choose a specific person, it appears that the court just picked the next person on the list.

Candace Wilkerson

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cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Tuesday, September 10, 2019 2:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR duty as to Will beneficiary on State assistance

Thanks

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-------- Original Message --------
Subject: Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
From: Setareh Mahmoodi <mahmoodi.setareh at gmail.com<mailto:mahmoodi.setareh at gmail.com>>
Date: Tue, September 10, 2019 1:42 pm
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
I was given the choice last time I had to get a GAL. She gave me the list and asked me to choose a GAL. Not sure if the process has changed or not.

On Tue, Sep 10, 2019 at 9:03 AM <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> wrote:
Thanks - just to clarify re GAL list, does Commissioner choose and is choice based upon who is next on the List or can you ask for a specific person?

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-------- Original Message --------
Subject: Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
From: Setareh Mahmoodi <mahmoodi.setareh at gmail.com<mailto:mahmoodi.setareh at gmail.com>>
Date: Mon, September 09, 2019 6:07 pm
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, September 9, 2019 3:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

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-------- Original Message --------
Subject: Re: [WSBAPT] PR duty as to Will beneficiary on State assistance
From: Candace Wilkerson <cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>>
Date: Mon, September 09, 2019 3:05 pm
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, September 9, 2019 12:45 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto: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
Phone: 425-806-1500
Fax: 425-489-4142 (Please email documents if at all possible)
Email: SM at LawOfficesofSM.com<mailto:SM at LawOfficesofSM.com>
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--
Best regards,

Setareh Mahmoodi
Attorney at Law
18222 104th Ave NE, Suite 103
Bothell, WA 98011
Phone: 425-806-1500
Fax: 425-489-4142 (Please email documents if at all possible)
Email: SM at LawOfficesofSM.com<mailto:SM at LawOfficesofSM.com>
Website: http://www.lawofficesofsm.com/

CONFIDENTIALITY NOTICE: This email message and any attachments is a transmission from the law firm and is intended for the recipient only.  It may contain information that is confidential and legally protected by the attorney-client, work product and/or other privileges.  If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify us immediately by reply email or by calling (425) 806-1500.
Pursuant to U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
________________________________
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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