[WSBAPT] Petition for SNT

[Marcus Fry]

Tim:
If the beneficiary is under 65, and you are pursuing a self-settled Medicaid payback trust (aka d4A), you don’t need court authorization if the beneficiary is able to execute the trust or the beneficiary’s parent or power of attorney. See 42 USC 1396pd4a.

If you have evidence that if testator had been aware of the beneficiary’s disability at the time of executing his Will, testator would have created a special needs trust, you could seek court reformation.  If you do the latter, I would suggest conferring with Kameron Kirkevold at Helsell Fetterman, who is on your side of the mountain.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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>
w:  www.stileslaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.stileslaw.com%2F&data=04%7C01%7C%7C105ea89b98384e46f1f808d8b69392a7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637460092273957667%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=GCfKveXROLBz6LDXHs3NU6b6cAacuevlR3vcxIJ7%2BgE%3D&reserved=0>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210112/c8f2d829/attachment.html>