WAC 182-516-0135 Self-settled trusts established before August 11, 1993.

Effective March 2, 2018

  1. A revocable or irrevocable self-settled trust established before August 11, 1993, under this section is one:
    1. Established other than by will by a beneficiary or that bene­ficiary's spouse;
    2. Under which that beneficiary may be the beneficiary of all or part of the payments from the trust; and
    3. Under which the distribution of those payments is determined by one or more trustees who are permitted to exercise any discretion with respect to the distribution to the beneficiary.
  2. For trusts established under subsection (1) of this section, the maximum value the trustee may distribute, under any circumstances, to the beneficiary is unearned income.
  3. If a trust does not meet subsection (1)(c) of this section:
    1. The trust is an available resource to the extent that trust assets can be used for the beneficiary; and
    2. Any asset that cannot be used for the beneficiary is an un­ compensated asset transfer.
  4. This section does not apply to any trust or initial trust de­cree established before April 7, 1986, for the sole benefit of an intellectually disabled client who resides in an intermediate care fa­cility for the intellectually disabled.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.