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

[Judy Nakashima Shoji]

Listmates, 
Testator left $3,000 from cash left on hand to be given her seven grandchildren.  Any remaining from cash on hand to be split between two named charities.  She did not leave enough in her accounts to pay the grandchildren the full amount so nothing left for the charities.  Am I still required to notify the charities explaining they were mentioned in the Will but no money left to fulfill her bequest?  

Best regards, 
Judy Nakashima ShojiAttorney at Law2400 NW 80th Street, # 511Seattle, WA  98117(206) 947-0649
 

    On Thursday, March 25, 2021, 03:34:33 PM PDT, Sarah McCarthy <sarah at kawlawyers.com> wrote:  
 
 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




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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/#californiaand I see a long list of California pooled SNT trustees: 
. California
Charities Pooled Trust

Commonwealth Community Trust

CPT Special Needs Trusts

Golden State Pooled Trust

Good Shepherd Fund

Jewish Los Angeles Special Needs Trust

The Master Trust of California

National Foundation for Special Needs Integrity

PLAN of California Master Pooled Trust

Special Needs Trust Foundation

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.

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