[WSBAPT] Blended Families & Wills

[Jim Doran]

This gets very interesting.  I am going to take some time to digest all that
has been given on this thread.  I do seem to recall that the Deskbook covers
this topic, too.

 

More next week.  Enjoy the memorial Day holiday.

 

Jim

 

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 Karen E. Boxx
Sent: Friday, May 22, 2015 9:16 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Blended Families & Wills

 

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> 

 


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