[WSBAPT] Blended Families & Wills

Fri May 22 09:15:37 PDT 2015

I share Eric's reservations about contractual wills.  One major problem is how easy they are to circumvent, such as with lifetime gifts or nonprobate transfers.  also, later marriages and later children trump contractual wills - see Estate of Arland and McKinnon v. White (estate of sherry).  I think at the very least, you need to warn clients of those problems if they deide to use a contractual will instead of a trust.  also see Ruchert v Boyd (principles of lapse applied to defeat contract to make a will).

karen

Sent from my iPad

On May 22, 2015, at 8:14 AM, Jacob Menashe <jacob at hickmanmenashe.com<mailto:jacob at hickmanmenashe.com>> wrote:

Eric, might you be able to elaborate regarding "contracts to maintain a will really don't work well except in very specific circumstances"?

Best,

Jacob Menashe

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, May 21, 2015 10:04 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Blended Families & Wills

I agree. Contracts to maintain a Will really don't work well except in very specific circumstances. If surviving spouse is to have use during life but remainder is to decedent's kids from a prior relationship, it's usually easiest to work out the conditions and restrictions in a testamentary trust for decedent's assets.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Thursday, May 21, 2015 9:42 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Blended Families & Wills

It's obviously a delicate situation, but I usually recommend a trust to hold the decedent's half, with the residue going to his or her kids after the death of the surviving spouse.

Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax

________________________________
From: jim at doranlegal.com<mailto:jim at doranlegal.com>
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Date: Thu, 21 May 2015 09:31:06 -0700
Subject: [WSBAPT] Blended Families & Wills
Is a contract between the husband and wife in a blended family situation the best way to deal with the estate plan?  In particular, how do we bind the survivor to NOT change his or her Will after the first of the spouses dies.

I think I have heard about some sort of contract between the husband and wife that would give the children, as the beneficiaries of the contract, the right to enforce the terms of the contract so that the survivor doesn't simply change his or her Will and cut out the other children.

What is that contract and are there better ways to deal with this blended family situation?

If you can point me to the right source I will follow the lead.

Thank you.

James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

_______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com> http://mailman.fsr.com/mailman/listinfo/wsbapt
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150522/890e0570/attachment.html>