[WSBAPT] Special Needs Trusts and Real Property

[James W. Spencer]

Greetings:

Absolutely. We frequently create 3rd party SNTs that own real property.

Best wishes,

James W. Spencer
Attorney at Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dewey Weddle
Sent: Wednesday, February 17, 2021 1:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Special Needs Trusts and Real Property

Esteemed colleagues:

Can a Special Needs Trust hold title to real property?

I have never had this question come up, but I think I read or heard somewhere that this is not possible.  My research indicates that it is possible, but not advisable for a self-settled SNT because of the possibility of Medicaid reimbursement after death of beneficiary.  The SNT in question is a testamentary SNT, so that is not an issue.  Can a disabled adult receive real property from a deceased relative and have it titled in the name of the SNT?  I should know the answer to this question off the top of my head, but I don't, so I am going to blame it on Covid induced something or other.


Best,



Dewey



Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221



Telephone: 360-293-3600

Fax 360-293-3700



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