[WSBAPT] trust situs

[Dewey Weddle]

Thank you Teunis.  Sounds perfectly reasonable to me.

 

Best regards,

 

Dewey

 


----- Original Message ----- 

From: Teunis J. Wyers<mailto:teunisj at wyerslawpc.com> 

To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com> 

Sent: Wednesday, February 25, 2015 1:45 PM

Subject: Re: [WSBAPT] trust situs




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<mailto: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<tel:360-293-3600>
Fax        360-293-3700<tel:360-293-3700>

Best regards,

 

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Teunis J. Wyers @ Wyers|Wyers, Attorneys 
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