[WSBAPT] Omitted Spouse and Living Trust

[Mike Jacobs]

Thanks for the feedback. That was my thought, but nothing in the case law on point.

Thanks,

Mike Jacobs
425-776-3191

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Wednesday, May 06, 2015 7:46 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Omitted Spouse and Living Trust

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

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Rodgers, Kee & Card
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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