[WSBARP] Disclaimer of Inheritance

[Jim Doran]

Margaret:

I have done
Special Needs Trusts before but I did not realize that this situation
required one.  Live and learn, eh?

Would you be willing to share your Special Needs Trust format for me in
this situation.  If you prefer, we can work off of the listserve, but maybe
others would like to see this solution, too.

Thanks,

Jim


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Mon, Jul 25, 2016 at 9:39 PM, Margaret Delp <delp at whidbey.net> wrote:

> Jim:  The medicaid recipient could put the funds in a self-settled pooled
> asset special needs trust. Lifetime Advocacy Plus is a fiduciary
> organization and can serve as Trustee and can help set it all up. I
> recommend talking to Allan Baird at LA Plus. I am also happy to talk to
> you-- I did this recently for a client's small inheritance.
> -- Margaret Delp
>
>
>
> On Jul 25, 2016, at 6:26 PM, Jim Doran <jim at doranlegal.com> wrote:
>
> I appreciate the clarity.
>
> What do we do to avoid this situation from playing out?
>
> Jim Doran
>
> PS.  This is a symptom of our antiquated values as a 21st Century
> Society.....stuck in 18th Century systems.  When will be honor our people
> and avoid all of this game playing???
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
>
> On Mon, Jul 25, 2016 at 4:12 PM, Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
>> OK Jim, I’ll play devil’s advocate and even use non-pc insensitive
>> language.  Why should she be able to voluntarily (via a disclaimer) turn
>> down good money ($40K) just so she can continue to be on the public dole
>> (Medicaid)?  There are people who, as tax payers, may find it offensive and
>> unfair for her to turn down $40K (and it goes to her son!), just so it
>> doesn’t mess with her freebie-benefits.  She *should* be penalized if
>> she is, in effect, giving away $40K to her son just to not mess with her
>> Medicaid and SSI (tax-funded need based programs.)
>>
>>
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
>> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jim Doran
>> *Sent:* Monday, July 25, 2016 3:44 PM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* Re: [WSBARP] Disclaimer of Inheritance
>>
>>
>>
>> So, what you are saying is that even though the person disclaims the
>> inheritance she is still considered to have received it?
>>
>> Is the State saying that "You could have received it, so we are treating
>> you as if you did receive it.....and penalizing you."
>>
>> Is that what's going on?  Man,oh man.  So disclaiming the asset doesn't
>> do any good.  Hummmm?????
>>
>>
>>
>> James R. Doran
>>
>> Attorney at Law
>>
>> 100 E. Pine Street -  Suite 205
>>
>> Bellingham, WA 98225
>> (360)393-9506
>>
>> jim at doranlegal.com
>>
>> www.doranlegal.com
>>
>>
>>
>> On Mon, Jul 25, 2016 at 3:36 PM, Tom Ashton <Tashton at tomashtonlaw.com>
>> wrote:
>>
>> Jim:
>>
>> DSHS treats a disclaimer as a gift subject to a transfer of assets
>> penalty for purposes of Medicaid-funded long-term care benefits such as
>> institutional or in-home care.  See the Medicaid Manual (WAC 182-513-1363)
>> and “Clarifying Information” at:
>> http://www.hca.wa.gov/medicaid/manual/Pages/62-315.aspx.  A disclaimer
>> will not adversely impact noninstitutional Medically Needy (MN) Medicaid
>> benefits, but may have an adverse impact on SSI benefits.
>>
>> Tom
>>
>> s/Thomas E. Ashton
>>
>> Attorney at Law
>>
>> WSBA # 11587
>>
>> 203 W. Holly St. Suite 301
>>
>> Bellingham, Washington
>>
>> 98225
>>
>> Telephone: 360-714-8208
>>
>> Fax: 360-714-8217
>>
>> E-mail: tashton at tomashtonlaw.com
>>
>>
>>
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>>
>>
>>
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
>> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jim Doran
>> *Sent:* Monday, July 25, 2016 2:59 PM
>> *To:* WSBA Real Property Listserv
>> *Subject:* Re: [WSBARP] Disclaimer of Inheritance
>>
>>
>>
>> The one disclaiming the inheritance is the one with DSHS benefits.  No
>> funds are coming to her.  She doesn't want the funds.  they will go
>> elsewhere.
>>
>> Am I missing something?
>>
>> Thanks,
>>
>>
>>
>> James R. Doran
>>
>> Attorney at Law
>>
>> 100 E. Pine Street -  Suite 205
>>
>> Bellingham, WA 98225
>> (360)393-9506
>>
>> jim at doranlegal.com
>>
>> www.doranlegal.com
>>
>>
>>
>> On Mon, Jul 25, 2016 at 1:54 PM, Josh Grant <jgrant at accima.com> wrote:
>>
>> Jim,
>>
>>
>>
>> A $40,000 disclaimer is treated by DSHS just like an applicant for
>> Medicaid sending me a $40,000 check.  It creates a period of ineligibility.
>>
>>
>>
>> Josh
>>
>>
>>
>> *From:* Jim Doran <jim at doranlegal.com>
>>
>> *Sent:* Monday, July 25, 2016 11:20 AM
>>
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>>
>> *Subject:* Re: [WSBARP] Disclaimer of Inheritance
>>
>>
>>
>> I missed the comment you are referring to made by Josh. does it affect me?
>>
>> Thanks.
>>
>> Jim
>>
>>
>>
>>
>>
>> James R. Doran
>>
>> Attorney at Law
>>
>> 100 E. Pine Street -  Suite 205
>>
>> Bellingham, WA 98225
>> (360)393-9506
>>
>> jim at doranlegal.com
>>
>> www.doranlegal.com
>>
>>
>>
>> On Mon, Jul 25, 2016 at 11:00 AM, Melinda Grout <mkgroutlaw at gmail.com>
>> wrote:
>>
>> Good catch Josh - missed that part of Jim’s message.
>>
>> Regards,
>>
>> Melinda Grout
>> Law Office of Melinda K Grout, PS
>> 17325 W. Main Street / P.O. Box 1360
>> Monroe, WA  98272
>> 360-794-4322  / Fax: 425-744-6745
>>
>>
>>
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>>
>> Thomas E. Ashton
>> Attorney at Law
>> WSBA #11587
>> 203 W. Holly St., Suite 301
>> Bellingham, Washington
>> 98225
>> (360) 714-8208
>> (360) 714-8217 (fax)]
>> *tashton at tomashtonlaw.com <tashton at tomashtonlaw.com>*
>>
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