[WSBARP] Disclaimer of Inheritance

Wed Jul 27 11:06:50 PDT 2016

Hi Jim:  I have attached the Senior Bulletin written by Sean Bleck and  Barbara Isenhour about pooled asset trusts (these trusts are authorized by 42 USC § 1396p(d)(4)(C) aka “D4C” trusts) are ideal for smaller amounts of money because of the relative ease (low cost) of setting them up.  The nonprofit trustee has a “Master Trust” document that sets forth terms of the trust.  If you contact Lifetime Advocacy Plus, they will provide you with their most recent version of the master trust and other documents that explain how it is set up and managed.  I hope this help.

Warm regards,

Margaret

--

Law Office of Margaret Delp

Mailing address:

PO Box 292

Langley, WA 98260

Physical Address:

2815 Howard Road, Second Floor

Langley, WA 98260

Telephone: 360-579-4530

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, July 26, 2016 8:45 AM
To: WSBA Real Property Listserv <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 <mailto: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 <mailto: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 <mailto: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 <mailto: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 <mailto: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>  [mailto: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 <mailto: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 <mailto: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 <mailto: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 <tel:360-714-8208>  

Fax: 360-714-8217 <tel:360-714-8217>  

E-mail: tashton at tomashtonlaw.com <mailto: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 copying of this information is strictly prohibited.  If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto: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 <mailto: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 <mailto: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 <mailto: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 <mailto: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 <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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WSBA #11587
203 W. Holly St., Suite 301
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