[WSBAPT] trust situs

Teunis J. Wyers teunisj at wyerslawpc.com
Wed Feb 25 13:45:54 PST 2015


As I understand it, the situs of a trust is the location where the records
are kept and the administrative decisions are made.  In my experience, most
trusts coming in from other states have a have references to the state
where the trust was created, at least with respect to the laws applying to
the interpretation of the trust terms.  My normal practice is to prepare a
simple trust amendment stating that the situs of the trust is being moved
to Washington, and that Washington law will apply going forward.  That
should be enough, shouldn't it?  Most clients would resist any
"registration" of their trust.

On Wed, Feb 25, 2015 at 10:18 AM, Dewey Weddle <dwweddle at msn.com> wrote:

>   Esteemed Colleagues,
>
> I have a client who moved here from out of state.  While a resident of the
> other state, he created a Revocable Living Trust.  Now he is wondering
> whether he should formally change the situs of the Trust to Washington.  I
> have looked at the statute having to do with situs, and it appears that,
> provided that one or more of several criteria are met, a trust can be
> registered here in Washington by filing a form similar to the one described
> in the statute.
>
> Is there any advantage or disadvantage in doing this immediately?  Any
> harm in waiting?
>
> Best regards to all,
>
> Dewey
>
> Law Office of Dewey W. Weddle, PLLC
> 909 7th Street
> Anacortes, WA  98221
>
> Telephone  360-293-3600
> Fax        360-293-3700
> Best regards,
>
>
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Teunis J. Wyers @ Wyers|Wyers, Attorneys
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