[WSBAPT] substitute for special needs trust

Robert R. Cole cole-gilday at stanwoodlaw.net
Mon Mar 9 11:57:00 PDT 2020


Thanks Sarah.  The concern I have is that she will be wanting monthly 
payments of bills (cable, etc) and purchase of things. So, how easy is 
it to get the money out?  I know it is totally discretionary, so legally 
there are no guarantees she will ever get any benefit from it, but how 
does it work in practice?

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 3/9/2020 9:10 AM, Sarah McCarthy wrote:
> If she meets the eligibility criteria, perhaps a "pooled" SNT under 
> section d4c would be a better fit for her. Lifetime Advocacy Plus is a 
> nonprofit in Western WA that administers one such fund.  They have a 
> very simple 2-page agreement that she would have to sign off on, and 
> the organization would serve as trustee. https://www.laplus.org/  
> Since this is contrary to the Will provision, perhaps a TEDRA 
> agreement would be an effective work-around.
>
>
> *Sarah O’Farrell McCarthy*
> Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
> 6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236
> Phone: (360) 341-1515 | Fax: (360) 341-3272
> sarah at kawlawyers.com | www.kawlawyers.com <http://www.kawlawyers.com>
>
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> On Fri, Mar 6, 2020 at 5:00 PM Robert R. Cole 
> <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>> wrote:
>
>     I have by Will been appointed Trustee for a SNT fbo a disabled
>     woman on SSI.  She very much doesn't like this, and I am not
>     thrilled about it either.  She wants it put into an ABLE trust,
>     which I understand I cannot do since she was disabled after age
>     26.  So, my question is, is there a institutional fund that could
>     work to dole out benefits to her to keep her qualified for SSI
>     etc?  I have had clients contribute excess money to those, but
>     with the expectation that they would likely never take it out. How
>     do they get it out?  Thanks.
>
>     -- 
>
>     Very Truly Yours,
>
>     Robert R. Cole
>
>     Law Office of Cole & Gilday, P.C.
>
>     10101 - 270th St. NW
>
>     Stanwood, WA 98292
>
>     (360) 629-2900 (Telephone)
>
>     (360) 629-0220 (Fax)
>
>     This message contains confidential and privileged information that
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