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

[sdonahue at sdonahuelaw.com]

I'm sorry, Ronda.  I'm not following you.  You are saying that LA+ (which
I'm assuming is the name of a professional trustee firm) has a trust
template that would not requirement Medicaid repayment or giving the
remainder to the pooled trust.  Ok.  But I don't understand the next
sentence.  So only third party SNTs can have beneficiaries other than
Medicaid repayment or the pool trust?  With a third party SNT, the
beneficiary can be anyone, or any charity.  Is this what you saying?  Sorry
I'm so dense.   

 

Susan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Ronda Larson Kramer
Sent: Monday, March 22, 2021 11:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Special Needs Trust as Testamentary Trust in a Will

 

On the other hand, if it's a testamentary third party SNT, LA+ has a trust
template that would not require Medicaid repayment or giving the remainder
to the pooled trust. This is the case only for third party SNTs, however,
which is exactly what you're planning to draft.

 

Ronda Larson Kramer

J.D., LL.M. Taxation, Owner 

 

LARSON LAW, PLLC

Elder Law, Estate Planning

P.O. Box 7337

Olympia WA 98507   

Ph: 360-259-3076   

ronda@ <mailto:ronda at larsonlawpllc.com> larsonlawpllc.com

www. <http://www.larsonlawpllc.com/> larsonlawpllc.com 

 

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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 Mark Vohr
Sent: Monday, March 22, 2021 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Roger Hawkes
Sent: Monday, March 22, 2021 10:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
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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
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iw57o1U-OA_s&e=> 

 

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
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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