[WSBAPT] trust language interpretation re medical costs

[Diane J. Kiepe]

Josh,

This is a tough one without seeing the entire portion of the spousal trust but if there is a blended family, chances are the decedent did intend to limit amounts for survivor.  The ability to pay directly to a 3rd party is likely to be interpreted as a payment process allowed not necessarily an increase in amount.

Any chance the kids will sign off on a TEDRA?

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Tuesday, March 23, 2021 2:28 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] trust language interpretation re medical costs

Client’s spouse (who has dementia with mounting assisted living costs) is the beneficiary of a testamentary trust.  the trust provides that the maximum amount the trustee can distribute to spouse is 10% or $10,000 per year.  Remainder goes to spouse’s kids. In the “powers” section it does provide “Payments to Disable Persons”  [TRustee may] make payments to Beneficiaries under a disability by payments directly to such Beneficiaries.... or to expend such payments on their behalf, without court supervision”.  The way I interpret that is that it allows payments for someone disabled but that any such payments must be within the $10,000 per year.  Any court cases that would allow more of than the $10,000/year.?  Client needs that help.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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