182-516-0135  <<  182-516-0140 >>   182-516-0145

WAC 182-516-0140

Third-party trusts.

(1) This section governs third-party trust as defined under WAC 182-516-0001.
(2) A trust containing the assets of a beneficiary's spouse may be a self-settled trust based on the date it was established. For specific rules regarding this, see WAC 182-516-0130.
(3) A testamentary trust is a third-party trust created by a will where the trust is in the will and the estate is the grantor.
(4) There is no requirement for a state to be named as a remainder beneficiary in third-party trusts.
(5) If the beneficiary has the power to acquire the assets from the third-party trust, the trust is an available resource.
(6) If the beneficiary has no power to access or control trust assets or distributions, as described under WAC 182-516-0105(4), a third-party trust is not an available resource.
[Statutory Authority: RCW 41.05.021, 41.05.160 and 42 U.S.C. 1396p. WSR 18-04-037, ยง 182-516-0140, filed 1/30/18, effective 3/2/18.]
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