[WSBAPT] Restatement

[michael westseattleattorney.com]

Thanks

[cid:de2e8663-90f8-4618-b700-262869a08aaa]

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jim Doran <jim at doranlegal.com>
Sent: Tuesday, July 27, 2021 9:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Restatement

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<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>


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

[cid:17ae8da24ec82f2f682]

________________________________
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 Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>>
Sent: Tuesday, July 27, 2021 8:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of michael westseattleattorney.com<http://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"



[cid:17ae8da24ec4cff311]



________________________________

From: michael westseattleattorney.com<http://westseattleattorney.com> <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>>
Sent: Tuesday, July 27, 2021 8:11 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto: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



[cid:17ae8da24ec4cff311]

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