[WSBAPT] Special Needs Trust for beneficiary during probate

[sdonahue at sdonahuelaw.com]

Hello Suzanne,

 

I did a special needs trust in a similar circumstance.  I can send you the template if you will email me privately.  The disabled person cannot receive money directly from the probate otherwise will lose her SSI.  But, the court can order that her portion of the estate go directly into the trust.  The Trustee can create the trust and take it to court for an order establishing it.  You can see the language in the trust document I can send to you.

 

Susan

 

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Thursday, October 1, 2020 2:37 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Special Needs Trust for beneficiary during probate

 

Hello,

 

We have a client whose father recently passed away without a will. Our client, the Administrator, and her sister (19), who has a learning disability and receives SSI, are the only heirs. 

 

It looks like we will need to create a First-Party Special Needs Trust for the younger sister for her inheritance. Is this right?

 

Can our client be the Trustee and also create the Trust? At what stage of the probate does this need to get completed? We have just opened probate.

 

What else should we keep in mind?

 

What do you recommend that we charge for such a service/trust?




Sincerely, 

 

Suzanne Lieberman

 <http://cmslawfirm.com/> CMS Law Firm LLC

811 Kirkland Ave. Suite 201 (please note new address!)

Kirkland, WA 98033

206-383-6484 (Cell Phone)

206-659-1512 (Main Office)

 

 

Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).

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