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

[Donna Calf Robe]

I agree with Heather.  No court order needed.
However, I do not request the waiver of a PGAL if the beneficiary requires one (minor, incapacity without a GD), but I have requested that their role be limited to reviewing the final accounting and confirming the appropriate share of funds get deposited into the SNT, especially if the PR is also the trustee.

Donna

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, February 1, 2023 12:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about 3rd-party Testamentary Special Needs Trust

I have never sought a Court order to establish a clearly defined Testamentary Trust. The Trustee can simply obtain an EIN, sign a "certification of trust", and move forward establishing accounts for the Trust and receiving the Trust's share of the estate.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Wednesday, February 1, 2023 12:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Question about 3rd-party Testamentary Special Needs Trust

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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