[WSBAPT] Referral for Pooled SNT trustee in California - ideally one that can do a first-party trust with no medicaid payback?

[Sarah McCarthy]

Whoops, I completely meant to say third-party trust -- funded by the
testator. Not first-party.

Thanks.
Sarah

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


This electronic message transmission contains information from the law firm
of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.
This information is intended to be for the use of the individual or entity
named above,  If you are not the intended recipient, be aware that any
further review, disclosure, printing, copying, distribution, or use of the
contents of this transmission is prohibited. If you have received this
electronic message transmission in error, please notify us immediately by
reply e-mail and delete the original message.  Thank you.



We do not accept service of any kind by e-mail unless expressly authorized
in writing by the attorney of record.  This e-mail is NOT a contract and is
not binding upon the author pursuant to CR 2A. This e-mail is, at most, a
negotiation under ER 408.


On Thu, Mar 25, 2021 at 2:20 PM Sarah McCarthy <sarah at kawlawyers.com> wrote:

> Listmates,
>
> I have a probate with a Will that includes a brief, single paragraph
> "Discretionary Trust" provision that enables the PR to retain a
> beneficiary's share of the estate in trust for the beneficiary, if the PR
> in good faith believes that the beneficiary is suffering from a legal
> disability.  Legal disability is broadly defined in the Will. The PR is to
> be the trustee of the discretionary trust.
>
> We do have a disabled beneficiary who is on SSI and in Section 8 housing,
> living in California. The PR would like to utilize this provision of the
> Will, but the PR does not want to have to be the trustee himself.
>
> We are considering moving the court for an order authorizing the PR to
> establish the trust for the beneficiary, to approve the trust instrument,
> and to have a professional trustee appointed to handle the management of
> the trust, and to excuse the PR from the role of Trustee.
>
> I am thinking that a pooled SNT trustee makes the most sense, as this will
> not be  a very high value trust (around $150,000 total probably).
>
> Also -- I'm hoping to find a pooled SNT trustee which, like LA+, both a)
> has their own trust agreement template, and b) is willing to handle
> first-party trusts that don't require a Medicaid pay-back provision.
> (There was a recent discussion about this on the listserve). The
> Discretionary Trust provision in the Will calls for any remainder after the
> death of the beneficiary to pass to the beneficiary's estate.
>
> I've looked at this web site, to which LA+ referred me,
> https://www.specialneedsalliance.org/pooled-trust-directory/#california
> and I see a long list of California pooled SNT trustees:
>
> . California
> ------------------------------
>
> Charities Pooled Trust <http://www.snthelp.com/>
>
> Commonwealth Community Trust <https://commonwealthcommunitytrust.org/>
>
> CPT Special Needs Trusts <http://www.snthelp.com/>
>
> Golden State Pooled Trust <http://www.gspt.org/>
>
> Good Shepherd Fund <https://www.gsfcare.org/index.html>
>
> Jewish Los Angeles Special Needs Trust <https://jlatrust.org/>
>
> The Master Trust of California <https://www.mastertrustofcalifornia.com/>
>
> National Foundation for Special Needs Integrity <https://newleafsnt.org/>
>
> PLAN of California Master Pooled Trust
> <https://www.proxyparentfoundation.org/>
>
> Special Needs Trust Foundation <https://www.sntf-sd.org/>
>
> Does anyone have experience with any of these pooled SNT trustees?
>
> I wish I could use LA+ for this, but I've spoken with LA+ about out of
> state beneficiaries before, and they've told me that due to state-Medicaid
> laws, they only handle trusts for WA resident beneficiaries, to avoid
> having to become apprised of the Medicaid laws in all states.
>
> Thanks for any input or guidance!
>
> Sarah
>
> *Sarah O’Farrell McCarthy*
>
>
> *(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at
> Law, PLLP
> 6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236
>
> (Located on Whidbey Island, Island County, Washington)
> Phone: (360) 341-1515 | Fax: (360) 341-3272
> sarah at kawlawyers.com | www.kawlawyers.com
>
>
> This electronic message transmission contains information from the law
> firm of Kelly, Arndt & Walker, PLLP which may be confidential or
> privileged.  This information is intended to be for the use of the
> individual or entity named above,  If you are not the intended recipient,
> be aware that any further review, disclosure, printing, copying,
> distribution, or use of the contents of this transmission is prohibited. If
> you have received this electronic message transmission in error, please
> notify us immediately by reply e-mail and delete the original message.
> Thank you.
>
>
>
> We do not accept service of any kind by e-mail unless expressly authorized
> in writing by the attorney of record.  This e-mail is NOT a contract and is
> not binding upon the author pursuant to CR 2A. This e-mail is, at most, a
> negotiation under ER 408.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210325/89375d04/attachment.html>