[WSBAPT] Ultimate Disposition of Supplemental Needs Trust Assets

[Josh Grant]

I would think if a SNT in a Will doesn’t say who gets the assets at termination that the Rest and Residue provision in the Will would determine it.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: David Faber 
Sent: Tuesday, October 20, 2020 3:24 PM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Ultimate Disposition of Supplemental Needs Trust Assets

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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