[WSBAPT] Omitted Spouse and Living Trust

[Jim Doran]

What's bad about it?  The assets were not the omitted spouse's.

 

James R. Doran

Attorney at Law

100 E. Pine Street - Suite 205

Bellingham, WA 98225

(360)393-9506

 <mailto:jim at doranlegal.com> jim at doranlegal.com

www.doranlegal.com

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brink, Kerry
Sent: Tuesday, May 5, 2015 8:50 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Omitted Spouse and Living Trust

 

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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