[WSBAPT] SNT ?

[Marvin Benson]

SSDI is not need based.  It is disability insurance, and it is does not
matter what other assets the recipient has.  That being said  a person on
SSDI might qualify for some income based public benefits.

Marvin Benson

On Mon, Sep 28, 2020 at 3:17 PM Claudia A Gowan <claudia at cagowanlaw.com>
wrote:

> 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 <claudia at cagowanlaw.com>  *
>
>
>
> <https://www.bestlawyers.com/lawyers/claudia-a-gowan/141568>
>
>
>
> *www.seattletrustsandestates.com <http://www.seattletrustsandestates.com/>*
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200928/b4c1f4bd/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3957 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200928/b4c1f4bd/image003.jpg>