[WSBAPT] Question about 3rd-party Testamentary Special Needs Trust

[Candace Wilkerson]

Hello Listmates,

I have a current probate (King County0 in which the Decedent detailed a comprehensive Special Needs Trust for one of her adult children in her will, for that adult child's distribution from the estate.  We were able to have the court waive appointment of a GAL because the SNT was so well detailed.

However, since the SNT is only testamentary and this is a non-intervention probate, I assume I need to draft a motion requesting the Court to order the establishment of the SNT, rather than simply telling the PR to have the trustee sign an Acceptance of Appointment.  And I assume this motion can be submitted ex parte via clerk rather than setting a hearing, since the other estate beneficiaries shouldn't need to be notified of it.  (This is an uncontested estate.)

Any thoughts you might have would be appreciated. The King County ex parte calendar is so crowded that I don't anticipate setting a hearing anytime soon.

Thanks,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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