[WSBAPT] Conditional RLT bequest

[Jane Bitz]

Ken:
That will work except if the Trust is being contemplated for a surviving spouse. In that case the Supplemental Needs Trust MUST be created in the Last Will of their spouse and it must be funded through the probate of that Will.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ken Luce
Sent: Wednesday, April 22, 2020 4:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Conditional RLT bequest

Can a bequest in a RLT be conditioned such that the estate goes to the person unless they are on or in need of a federally funded program for assistance such as Medicaid and if so into a special needs trust?

Ken Luce
253-922-8724
Tacoma, Washington


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