[WSBAPT] renaming RLT after first death or when restating trust

[Chandra Lewnau]

 I am currently revising the survivor's trust portion of a revocable living
trust after the death of the wife. I realize there are a few technical
details I'm not sure about.

The trust called for the RLT to be split into 3 shares at the first death:
The Survivor's Trust, the Credit Trust, and the Marital Trust. Only the
survivor's trust is still revocable. The other trusts were funded at the
first death but I believe the husband simply left the assets for the
survivor in the name of the Revocable Living Trust and has continued to use
that as the survivor's trust.

Should client have retitled the assets for the survivor's trust, or is it
ok to continue to use the original trust name, etc?

When I restate the survivor's trust portion, is it standard practice to
rename the survivor's trust, i.e. from Bob Smith RLT to Bob Smith Revocable
Living Trust-Survivor's Trust or something like that? Is there a standard
convention for renaming?

When I identify the restated survivor's trust, do I use the date of the
original agreement, or the date of the restatement?

Bob Smith Revocable Living Trust-Survivor's Trust, U/A dated 9/1/2000, and
any amendments thereto or
Bob Smith Revocable Living Trust-Survivor's Trust, U/A dated 9/1/2015, and
any amendments thereto

or both
Bob Smith Revocable Living Trust-Survivor's Trust, U/A dated 9/1/2000 as
restated 9/2/2015

Finally, is there a good article or other reference source for this kind of
practical detail?

Thanks in advance

Chandra M. Lewnau

Attorney

Johnson & Nagaich, P.S.



CLewnau at eldercounselor.com <JBattin at eldercounselor.com>



*Johnson & Nagaich, P.S.*

*Elder Law and Estate Planning*

*31919 Sixth Avenue South, Suite A-100*

*Federal Way, Washington 98003*



Seattle:    253.838.3454

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Fax:         253.838.9268



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