[WSBARP] Supplemental [special] Needs Trust

[Josh Grant]

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

 

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