[WSBAPT] SNT ?

[Tom Westbrook]

Hi Claudia,



You are right on in your thinking; it needs to be in the Will. While I am
not an expert in this, everything I have learned from the experts tells me
that SSDI may well be lost if it is not a Testamentary SNT. I have never
had any problem with SSDI under a Testamentary SNT, but plenty of problems
with a SNT set up after death.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Claudia A Gowan
*Sent:* Monday, September 28, 2020 3:13 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] SNT ?



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/>*
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