[WSBAPT] Special Needs Trust as Testamentary Trust in a Will

Jim Doran jim at doranlegal.com
Mon Mar 22 09:49:50 PDT 2021


Yes.  That will work.

Jim Doran

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 Mon, Mar 22, 2021 at 9:35 AM <sdonahue at sdonahuelaw.com> wrote:

> Hello List Mates,
>
>
>
> I’ve done Special Needs Trusts and I’ve done testamentary trusts, but I’m
> thinking my client needs a Special Needs Trust as a testamentary trust in
> her will.  She has two sons.  One has been severely disabled all his life.
> The other son will take care of him upon her death.  She is not her
> disabled son’s guardian.  He has no guardian per se.  She has been
> appointed by the state to handle his disability payments and that has
> worked well for her.  Her disabled son is in his 20s.
>
>
>
> She wants me to draft a will, but, obviously, she can’t leave anything to
> her disabled son.  So, I’m thinking that I could draft a Special Needs
> Trust in the will as a testamentary trust and make her other son the
> trustee.  Would this work?  Can a Special Needs Trust be a testamentary
> trust in a will?
>
>
>
> Any thoughts or suggestions would be very welcomed.
>
>
>
> Thank you,
>
>
>
> Susan
>
>
>
> *Susan Donahue*
>
> Law Office of Susan Donahue
>
> 125 West 2nd Avenue, Suite “B”
>
> P.O. Box 81
>
> Twisp, WA 98856
>
> (509) 996-5944 (phone)
>
> (509) 362-9692 (fax)
>
> sdonahue at sdonahuelaw.com
>
>
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