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

Wed Feb 1 12:10:08 PST 2023

Please reply to list!

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
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On Wed, Feb 1, 2023 at 12:06 PM Candace Wilkerson <
cwilkerson at wongfleming.com> wrote:

> 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
>
>
>
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