[WSBAPT] Petition for SNT

[Diane J. Kiepe]

Paul,

This would be a self-settled trust but would be allowed provided certain conditions are met.  Referred to commonly as a (d)(4) trust.

Timothy, I don’t have any documents to share but suspect the  Washington Practice series will if you have Westlaw or Lexis or whatever folks use these days 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, January 11, 2021 5:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Petition for SNT

Isn’t this an impermissible self-directed trust in order to avoid creditors and allow SSI and Medicaid?


[cid:image002.jpg at 01D6E8BD.98DC0F70]


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 Timothy Lehr
Sent: Monday, January 11, 2021 4:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Petition for SNT

All,

Client is PR and sole beneficiary of a parent’s estate. Client is on SSI and will need a special needs trust established to transfer inheritance into. The Will does not account for this and leaves estate outright to client. My research has shown that an agreement or acknowledgment via TEDRA would be treated as a “gift” in the eyes of SSI and disrupt her benefits. My plan is to petition the court for an order establishing a SNT for client and directing funds into it.

In an effort to avoid re-creating the wheel, does anyone have a template petition for establishment of SNT that might be useful here?

Thank you,

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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