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

[sdonahue at sdonahuelaw.com]

Thanks Mark.  This is good information.  I'll investigate pooled trusts.

 

Susan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mark Vohr
Sent: Monday, March 22, 2021 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

 

LA plus is also a professional trustee very experienced with SNT's.  One
thing to remember with respect to pooled trusts is that upon the death of
the beneficiary, the balance remaining in the account (if any) may be
retained by the charity establishing the pooled trust, to be used for other
beneficiaries of the pooled trust. A few states have required that some or
all of the trust funds remaining at the death of the beneficiary be repaid
to the state Medicaid agency, but most states allow the beneficiary to elect
that the charitable organization retain the balance at the beneficiary's
death.  So, for a testamentary SNT, if putting into a pooled trust one might
be limited as to the remainder beneficiaries.  

 

I am not an expert on pooled trusts, by any stretch, but this is my
understanding.  

 

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
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Roger Hawkes
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Subject: Re: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

 

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

 

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Mark Vohr
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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
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ohanafc.com&d=DwMFA
g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=H
7oZ6m1Q_3xZOKW5P5dX7PjfxKOc9Yu0Uzy29hsj9_k&s=rhiZ6pct0Eox0A3UShpJ-5jeAQt8il4
iw57o1U-OA_s&e=> 

 

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sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 
Sent: Monday, March 22, 2021 9:33 AM
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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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