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

[Roger Hawkes]

LA Plus has a pooled special needs trust that works pretty well also.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Vohr
Sent: Monday, March 22, 2021 9:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

Susan -

            Short answer, yes absolutely.  A third party funded special needs trust can be a testamentary trust.  Professional Trustees such as Ohana, PIC Trust, WE trust, and GSS and others manage these kinds of trusts all the time and have a great deal of experience doing so.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com>

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 sdonahue at sdonahuelaw.com<mailto:sdonahue at sdonahuelaw.com>
Sent: Monday, March 22, 2021 9:33 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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>

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