[WSBAPT] FW: SNT in Will or RLT

[Marcus Fry]

Tom:
It does not have be a testamentary trust in this situation.  Only between spouses.  Here is the link to the WAC.  Look at 182-516-0140.  Short answer, yes dad can have a SNT in his RLT for his daughter.

https://apps.leg.wa.gov/wac/default.aspx?cite=182-516&full=true


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, August 23, 2021 2:16 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] FW: SNT in Will or RLT

I am not really sure about this question, but my instincts tell me that as long as the "successor trustee" sets up the Special Needs Trust correctly, it can be done in a RLT.  It is a matter of doing it before any funds go to the SNT beneficiary.

Please correct me if I am wrong about this.

Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>


On Mon, Aug 23, 2021 at 2:07 PM Tom Westbrook <tjw at w3net.net<mailto:tjw at w3net.net>> wrote:
Greetings,

85 year old PC wants to have an RLT (which I do not want him to have) to hold his real property then 1/3 each to his heirs at his death. He needs a Special Needs Trust for his step daughter that is on SSI. As I understand it, the SNT has to be a testamentary SNT (not in RLT) to protect her SSI income and later any lien for SSI payments made on the 1/3 going into the SNT. Is my understanding correct?

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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