[WSBAPT] Special Needs Trust for beneficiary during probate

[Jane Bitz]

Hi Suzanne:
Also for your client to look at is her sister should be able to apply for Adult Disabled Child benefits from Social Security based on her father’s record. Sometimes this means that the child will not have to continue on SSI. She will probably still be eligible for Medicaid Medical or a reduced or no cost health care plan from the Apple Health Exchange (Obama Care).
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 sdonahue at sdonahuelaw.com
Sent: Thursday, October 1, 2020 2:52 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Needs Trust for beneficiary during probate

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



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 Suzanne Lieberman
Sent: Thursday, October 1, 2020 2:37 PM
To: wsbapt at lists.wsbarppt.com<mailto: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
CMS Law Firm LLC<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=48xgjOF3hamAVlXBdMqaeWmt7n4ctl5Tqu2NKD4cq70&s=FdEgnGwh7koF7Fb1dhjPARLXyKDlFM9TRPsSqT2_OEU&e=>
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