[WSBAPT] Special needs trust twist

[Diane J. Kiepe]

Hello Andrew,

I’m sure others will chime in who are more qualified but my suggestion and thoughts would be that son is being paid as a caregiver; I have never heard of this compensation from the state being dependent on one’s other resources.  The state policy of paying for caregivers allows the state to be relieved of this task and it is far more effective for the state, not to mention normally better

I would suggest, assuming the inheritance amount can justify it, a fully discretionary trust for son, including but not limited to statements of allowing full distribution if it won’t effect any income received from third sources (the state).  I know our standard SNT has language that provides, at the end, that if the beneficiary has no restrictions on receipt of income, full distribution can be made.

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Thursday, December 3, 2020 11:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Special needs trust twist

Hello again Listmates

Second question today!  This one involves a grandma leaving money to her son who has a special needs child.  The son is paid by the state to care for the disabled son and grandma is concerned that the son will lose the income if he receives an inheritance.  So she wants to set up a the equivalent of a special needs trust for the son to prevent him from acquiring resources that disqualify him from getting paid to care for his son.

Has any come across such a situation?

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Shaw Law
Sent: Thursday, December 3, 2020 4:08 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Okanogan County

The Omak-Okanogan County Chronicle.

www.omakchronicle.com<http://www.omakchronicle.com>

-D

David D. Shaw, Attorney
Shaw Law Group | P.O. Box 12050 | Portland OR | 97212
503.221.4260 (tel) | 503.221.4267 (fax) | www.shaw-law.net<http://www.shaw-law.net>
[cid:image001.png at 01D6CA17.FCE7B330]
Practicing in Indian, business, real estate, and personal injury law.

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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 Andrew Hay
Sent: Thursday, December 3, 2020 3:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Okanogan County

Hello listmates
What are the publication options for a notice to creditors in Okanogan?

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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