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

[Steve King]

You can definitely do a special needs trust in a will.  My testamentary special needs trusts largely use the same provisions that I use in my other special needs trusts.

Stephen R. King
steve at talislawfirm.com<mailto:steve at talislawfirm.com>

Talis Law PLLC
915 118 Avenue SE, Suite 360
Bellevue, WA 98005
Phone: (425) 943-9968
Fax: (425) 777-2097
talislawfirm.com<http://talislawfirm.com/>

[Facebook]<https://htmlsig.com/t/000001DJJQWC>  [LinkedIn] <https://htmlsig.com/t/000001DJK8H3>   [Maps] <https://htmlsig.com/t/000001DS1V0N>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of sdonahue at sdonahuelaw.com
Sent: Monday, March 22, 2021 9:33 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

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<mailto:sdonahue at sdonahuelaw.com>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210322/46676f96/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2719 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210322/46676f96/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 1097 bytes
Desc: image002.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210322/46676f96/image002.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 3129 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210322/46676f96/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 3463 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210322/46676f96/image004.png>