[WSBAPT] trust language interpretation re medical costs

[Josh Grant]

Thanks Diane,
That is what I thought... but just wanted a little confirmation of bad news.
It is blended and no chance of TEDRA.
Thanks for you time.
Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Diane J. Kiepe 
Sent: Friday, March 26, 2021 10:40 AM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] trust language interpretation re medical costs

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

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

P. O. Box 619
Wilbur, WA 99185
509 647 5578



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