[WSBAPT] [ADV] Re: Conditional RLT bequest

[Cyrus Field]

Hi Jane- Does the funding through probate mean you can't fund the
testamentary special needs trust  with a "pour over" RLT?   I've heard that
where client already has a well funded RLT, and a spouse that may need a
SNT, some attorneys use a contingent bequest in RLT to trustee of
testamentary SNT.  I never heard whether that actually worked and the
funding issue seems like it might be a problem. Thanks, Cy 

 

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Jane Bitz
Sent: Wednesday, April 22, 2020 5:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [ADV] Re: [WSBAPT] Conditional RLT bequest

 

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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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