What is Legal Disability and Why Does it Matter?

Darol Tuttle

Darol Tuttle

Darol Tuttle is an attorney admitted to the Washington State Bar Association. His practice emphasizes estate and asset protection planning.

close up of a female hand holding a wheelchair - life with a disabilty concept

What is Legal Disability and Why Does it Matter?

Are you or a loved one facing high medical costs?  Is the illness persistent and consistent?  Have you realized that typical health insurance is not enough to cover all of the expenses? If so, this article will summarize two important trusts that are authorized by federal law to help you co-pay for long-term care with government benefit programs.

Federal, state, and even local governments offer benefits to those who meet the requirements of disability.  Examples of disability-based benefits include income benefits from the Social Security Administration, similar benefits from the Department of Veteran’s affairs, and education benefits from state public schools.  Other examples include grants for those who are mobility impaired, disabled parking permits, etc.  The requirements for these programs vary.

Generally, however, one must first be “adjudicated” disabled, typically by the Social Security Administration.  This, of course, is not always the case.  Humorously, the Department of Veterans Affairs offers a non-service connected pension for disabled veterans and presumes the veteran is disabled if he or she is over age sixty-five.

Meeting the definition of disability is important because federal law allows assets for the benefit of the disabled to be protected if held in one of the following types of trusts: (1) a self-settled special needs trust in accordance with United States Code, Title 42, Section 1396p(d)(4)(A);  (2) a qualified income trust in accordance with United States Code, Title 42, Section 1396p(d)(4)(B) and any trust qualifying under United States Code, Title 42, Section 1396p(d)(4)(C).

Probate Procedures in the State of Washington: A Comprehensive Guide

In Washington, probate means transparency and control. While an inventory and appraisal are optional, they empower Personal Representatives to navigate the process effectively. Understanding the distinction between Letters Testamentary and Letters of Administration ensures compliance with the law. The notice to creditors procedure adds a layer of protection, permanently barring claims after a specified period.

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Methods to Avoid Probate: Checklist

Probate is the legal validation of a will post-death. Seeking methods to sidestep probate can reduce costs, time, and maintain privacy. Understanding state-specific streamlined probate procedures aids in effective estate planning, ensuring efficient asset distribution and minimizing bureaucratic delays

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For married couples, the most important legal plan they need is a Spousal Protection Trust.Â