[WSBARP] Disclaimer of Inheritance
Kate Gamble
uptownlawpt at gmail.com
Tue Jul 26 09:26:27 PDT 2016
To the list please.
Kate Gamble
Attorney at Law
Uptown Law PLLC
PO Box 835
Port Townsend, WA 98368
(360) 379-1818
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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jim Doran
<jim at doranlegal.com>
Reply-To: RPPT Listserve <wsbarp at lists.wsbarppt.com>
Date: Tuesday, July 26, 2016 at 8:44 AM
To: RPPT Listserve <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Disclaimer of Inheritance
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 <http://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 <tel:%28360%29393-9506>
>> jim at doranlegal.com
>> www.doranlegal.com <http://www.doranlegal.com>
>>
>> On Mon, Jul 25, 2016 at 4:12 PM, Paul Neumiller <pneumiller at hotmail.com>
>> wrote:
>>> OK Jim, I¹ll play devil¹s 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 doesn¹t 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 <tel:%28360%29393-9506>
>>> jim at doranlegal.com
>>> www.doranlegal.com <http://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 ³Clarifying Information² 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 <tel:360-714-8208>
>>>> Fax: 360-714-8217 <tel:360-714-8217>
>>>> E-mail: tashton at tomashtonlaw.com
>>>>
>>>> The information contained in this communication, and in any attached
>>>> document(s), is privileged and/or confidential, intended solely for the
>>>> individual/entity to whom/which it was sent. If you are not the intended
>>>> recipient, you are hereby notified that any dissemination, distribution, or
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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 <tel:%28360%29393-9506>
>>>> jim at doranlegal.com
>>>> www.doranlegal.com <http://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 <mailto:jim at doranlegal.com>
>>>>
>>>> Sent: Monday, July 25, 2016 11:20 AM
>>>>
>>>> To: WSBA Real Property Listserv <mailto: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 <tel:%28360%29393-9506>
>>>> jim at doranlegal.com
>>>> www.doranlegal.com <http://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 Jim¹s 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 <tel:360-794-4322> / Fax: 425-744-6745 <tel:425-744-6745>
>>>>
>>>>
>>>>
>>>> Emphasizing Estate Planning, Probate, and Elder Law
>>>> mkgroutlaw.com <http://mkgroutlaw.com>
>>>>
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>>>> Thomas E. Ashton
>>>> Attorney at Law
>>>> WSBA #11587
>>>> 203 W. Holly St., Suite 301
>>>> Bellingham, Washington
>>>> 98225
>>>> (360) 714-8208 <tel:%28360%29%20714-8208>
>>>> (360) 714-8217 <tel:%28360%29%20714-8217> (fax)]
>>>> tashton at tomashtonlaw.com
>>>>
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