[WSBAPT] Omitted Spouse and Living Trust

Brink, Kerry Kbrink at vjglaw.com
Tue May 5 20:50:29 PDT 2015


Wow.  That’s a bad deal.  Assets are all in the trust?

On May 5, 2015, at 7:58 PM, Katharine P. Bauer <kpb at bpblegal.com<mailto:kpb at bpblegal.com>> wrote:


I don't believe a spouse would inherit.  The trust is not a probate asset.  Omitted suppose receives intestate share (of probate assets).  If community assets were in trust, then s/he might have a claim against the trust, but otherwise not.

On May 5, 2015 7:29 PM, "Mike Jacobs" <mikej at riachgese.com<mailto:mikej at riachgese.com>> wrote:
Listmates,

H&W enter into Revocable Living Trust and Pour Over Will.  W dies and H eventually remarries.  He does not change his estate plan.  H dies and new W is an Omitted Spouse.  Does the Omitted Spouse statute allow an omitted spouse to claim an interest in the trust assets?

Sincerely,

Michael P. Jacobs

Riach Gese Law Firm
T: 425-776-3191<tel:425-776-3191>
F: 425-775-0406<tel:425-775-0406>

http://www.riachgese.com<http://www.riachgese.com/>
RIACH GESE LAW FIRM
7331 196th St SW
P.O. Box 1067
Lynnwood, WA 98046
REPRESENTING OUR COMMUNITY SINCE 1959


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