[WSBAPT] Omitted Spouse and Living Trust

Wed May 6 07:45:44 PDT 2015

The Trust document controls the distribution of the Trust assets. Upon
H's death it became irrevocable. Look closely to see what it says about
distribution of assets upon death of last Trustor to die. That is your
answer. If H's assets go to specific beneficiaries that are not W, then
she takes nothing. If H's assets go to his heirs by representation, then
you might have something in your favor. W is not an omitted spouse of
the Trust - she was not a party to the Trust and not a spouse at the
time it was created. That's my 2 cents anyway..............

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

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www.buddbaylaw.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Jacobs
Sent: Tuesday, May 05, 2015 7:17 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Omitted Spouse and Living Trust

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

F: 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

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