[WSBARP] Supplemental [special] Needs Trust
Josh Grant
jgrant at accima.com
Wed Jan 11 10:29:58 PST 2017
If you are concerned about Medicaid eligibility, I think the main issues are that there is no right to income or pr. to the protected party and the trustee has absolute discretion, plus the trustee is a 3rd party.
From: Kristina Driessen
Sent: Friday, January 06, 2017 9:36 AM
To: WSBA Real Property Listserv ; WSBA Elder-law-section
Subject: Re: [WSBARP] Supplemental [special] Needs Trust
HI All:
I have a question that may be quite simple and I am missing the mark, but here goes. I have a Will that was executed in the 80’s, it provided for a trust for an incapacitated person. While it does not specify that it is a Supplemental or Special Needs Trust {it is called a Testamentary Trust in the Will} it is obvious the intent and contains language addressing the incapacitation as well as outlining the duties of the trustee consistent with a Supplement/Special Needs Trust.
I have always believed that a separate trust would need to be made despite the verbiage in a will, if for no other reason to have the new trustee sign the new trust. Obviously the benefits would also be to make sure that the trust in the will is consistent with the laws of today. However, opposing counsel believes that the will is sufficient and no other documents need be generated. He could be right and I am missing the mark.
Any thoughts or words of advice?
Kristina A. Driessen
Ryan & Driessen
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
kristina at rdattys.comcastbiz.net
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at 253.939.0811 that you have received the message in error, and then delete it. Thank you.
--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170111/ac716b55/attachment.html>
More information about the WSBARP
mailing list