[WSBAPT] Gifts from Trust as successor Trustee

Katharine P. Bauer kpb at bpblegal.com
Wed Dec 23 15:42:06 PST 2015


Unless there is also a DPA allowing gifting, I wouldn't allow it

On Wed, Dec 23, 2015 at 10:48 AM, Paul Grant <paulnnepa at gmail.com> wrote:

> I have a client who is a successor trustee.  His mom is currently
> incapacitated so he has stepped in as successor of her RLT.  Since it is
> Christmas time, he would like to give small monetary gifts from his mom to
> family on his mom's behalf.  This was mom's habit and tradition.
>
> The trust is silent on any gifting provisions since it was created two
> decades ago.  He is just concerned with following proper law but I cannot
> find anything about gifting provisions when a trust is silent.  How would
> this change if mom was a regular tither to a church with no instructions in
> the trust?
>
> Does anyone have thoughts or direction on this issue?
>
> Paul H. Grant - JD, LL.M
>
> Planning with Purpose, Inc
> Lynnwood, WA 98036
> 425-939-9948
> www.planningwithpurposeinc.com
>
> Estate Planning. Business Planning. Wealth Succession.
>
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

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