[WSBAPT] SNT ?

[Claudia A Gowan]

Thank you so much, Marcus. I have been thinking about the Medicaid issue and appreciate your input.

Best, Claudia


-------- Original message --------
From: Marcus Fry <mfry at lyon-law.com>
Date: 9/28/20 9:01 PM (GMT-08:00)
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] SNT ?

Tom and Claudia
SSI has asset limitations, but not SSDI because that is for people who became disabled with enough work credits (usually). However, as I mentioned there are a number of reasons to still consider a SNT for a SSDI recipient, including an increased likelihood for a program like Medicaid.
I apologize for not mentioning it my prior post as I was bit too focused on the springing SNT question.



Sent from my Samsung device


-------- Original message --------
From: Tom Westbrook <tjw at w3net.net>
Date: 9/28/20 17:44 (GMT-08:00)
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] SNT ?

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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)
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(206) 443-2733 (T)
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