[WSBAPT] SNT ?

[Claudia A Gowan]

Colleagues:

I have a question that I sent to a few people that I know practice in the special needs area, but maybe one of you can confirm my thought - or tell me I am all wet.

Client is leaving $ for 1 son who is on SSDI.

They would rather wait until her death to see if a "trust is really necessary" so want the Will to only direct the PR to set a trust up, if necessary.

My concerns are several layers deep, but the reason I am asking for your input:

Under WA law, property vests in a beneficiary immediately upon death (subject only to expenses, etc.).

I'm thinking the 250k would vest in son personally, outright, immediately on Mom's death.

Thus, if there is no trust to receive it, it could disqualify him for SSDI purposes.     Is this correct?

In other words, the trust should be in the Will, ready to receive the bequest and NOT set up after the fact ??

I'm concerned that if it is subsequently established - it essentially becomes a self-settled trust because the property vested in him at death. But, as above, perhaps I am off.

Thanks for any yea or nay.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (M)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

[cid:image003.jpg at 01D695A9.E10E9810]<https://www.bestlawyers.com/lawyers/claudia-a-gowan/141568>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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