[WSBAPT] Disabled adult children of deceased

[michael westseattleattorney.com]

Thx

Sent from my iPhone

On Jul 31, 2021, at 1:45 PM, deborah at neillaw.com wrote:

 I don’t know your client’s situation, but I am not sure why you would entirely exclude the adult children with disabilities because they get state assistance.  If the money were given to them in trust (and there are pooled trusts with minimal fees), they would retain their benefits and have a cushion for some extra things. Even better, the parent could set up an ABLE account now and start putting money into it.

Deborah Jameson
Neil & Neil, P.S.
5302 Pacific Avenue
Tacoma, WA  98408
253-475-8600
253-473-5746 FAX

If your matter is urgent, please call my office.  Also, this message is not encrypted and it may not be secure or protected by attorney-client privilege.


On Jul 31, 2021, at 12:04 PM, Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>> wrote:

If the Will excludes the child, that’s it; the child receives nothing and the State/Guardian has no means to get inheritance money from the estate. There is no right to inherit that could thwart the intent of the testator.

The only alternative scenario I could imagine is where the State/Guardian has some kind of creditor claim against the parent, perhaps because the parent was obligated for something during life relating to the disabled children, and didn’t pay? I don’t think DSHS reimbursement applies in this scenario because that’s for services rendered to the decedent.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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 michael westseattleattorney.com<http://westseattleattorney.com/>
Sent: Saturday, July 31, 2021 10:08 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Disabled adult children of deceased

Client wants to prepare a will and I indicated that she can give her estate to anyone she wanted as well as exclude her adult disabled children who are receiving state financial assistance so that they do not lose such aid.  As a side issue, anyone know of any situation where the State or Guardian for such a child would have a  contractual, legal and or equitable interest in her estate?  Thanks Mike

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