[WSBAPT] Restatement

[Jim Doran]

Am I missing something here.  The RLT protects no assets from the medicaid
spenddown or lien.  If the asset can be reached by the beneficiary, as can
be done at anytime in a RLT,  then the State takes the position that the
beneficiary CAN access the assets.  = No protection at all.

James

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Tue, Jul 27, 2021 at 9:16 AM michael westseattleattorney.com <
michael at westseattleattorney.com> wrote:

> Thanks Marcus. Looks like I need to amend the RLT. However, recently this
> list discussed restatements vs amendments and so I researched this and
> think that a restatement would be preferred as there are a lot of changes.
> Is there a good provision you might share that I can review? Thanks Mike
>
>
>
> ------------------------------
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Marcus Fry <
> mfry at lyon-law.com>
> *Sent:* Tuesday, July 27, 2021 8:40 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Medicare Trust
>
>
> Your client was told incorrectly.  Not uncommon.  Laypeople think there is
> only one type of trust and that their RLT protects from all kinds of
> creditors.  Resources held in a RLT are not exempt from being counted in
> Washington State for Medicaid.  See WAC 182-516-0115.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *michael
> westseattleattorney.com
> *Sent:* Tuesday, July 27, 2021 8:25 AM
> *To:* WSBA Probate & Trust Listserve
> *Subject:* Re: [WSBAPT] Medicare Trust
>
>
>
> Correction - drafter used words : " .. protects in case you or a family
> member needs to apply for state financial assistance"
>
>
>
>
> ------------------------------
>
> *From:* michael westseattleattorney.com <michael at westseattleattorney.com>
> *Sent:* Tuesday, July 27, 2021 8:11 AM
> *To:* WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
> *Subject:* Medicare Trust
>
>
>
> PC brought in a RLT from 2005 and said drafter told her that it protected
> her assets from Medicaid in case she went into a nursing home.  This was
> news to me. It is my understanding that the assets are considered to be in
> your estate when qualifying for meicaid. Yes, No?  Thanks
>
>
>
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