[WSBAPT] Beneficiary On State Benefits - No Special Needs Trust

[Nick Pleasants]

You could potentially create a Special Needs Trust for the beneficiary, but then I believe it would have to be a First-Party Trust with state payback under 42 USC § 1396p(d)(4)(A).
If the estate is as modest as you say, perhaps the better route is to find ways to spend down on exempt assets, e.g. buy them a car.
One of our Medicaid gurus could advise on this. I would give Sean/Barbara/Angela at STIB a call.
Best,
Nick
Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, July 27, 2022 12:03 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Beneficiary On State Benefits - No Special Needs Trust

Brain Trust -

I have a beneficiary of an estate (rather modest) that is on state benefits. The Will was not written for a Special Needs Trust.

Would this be a good situation for a TEDRA where the adjustment is simply changing from the named beneficiary to a Special Needs Trust?

Appreciate any insights.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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