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

[sdonahue at sdonahuelaw.com]

Thank you, Stephen.  I thought so, but needed some confirmation!!!

 

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)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Steve King
Sent: Monday, March 22, 2021 9:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

 

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 
 <mailto:steve at talislawfirm.com> steve at talislawfirm.com 

 

Talis Law PLLC 
915 118 Avenue SE, Suite 360 
Bellevue, WA 98005 

Phone: (425) 943-9968

Fax: (425) 777-2097
 <http://talislawfirm.com/> talislawfirm.com

 

 <https://htmlsig.com/t/000001DJJQWC>
<https://htmlsig.com/t/000001DJK8H3>    <https://htmlsig.com/t/000001DS1V0N>


 

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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