[WSBAPT] Ultimate Disposition of Supplemental Needs Trust Assets

[David Faber]

List:

Decedent's Will created a Supplemental Needs Trust (SNT) for child (C). The
Will is silent, however, regarding the disposition of any remaining assets
of the SNT at the time of C's death. My presumption for how this is treated
at law could go one of two ways, both of which are likely to result in the
same outcome given the facts of this situation (C has no children, is
unmarried, and is close to 70 years old, so is highly unlikely to ever have
children), but for the sake of my practice and perhaps others who may run
across this issue, I figure sending my question to the list is valuable:

When the beneficiary of a Supplemental Needs Trust dies leaving funds in
the trust and where the Supplemental Needs Trust remains silent about the
ultimate disposition of the remaining funds, to whom should the Trustee
make final distribution? Should it be the beneficiary's heirs at law
according to RCW 11.04.015 or should it be the other beneficiaries of the
Decedent's Will?

Additional fact: this is not a self-settled special-needs trust/a (d)(4)(a)
trust, obviously, as it was established pursuant to C's mother's Will, so
it is not subject to distribution to the DSHS/State Medicaid authorities
upon C's death.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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