[WSBAPT] Trust Revocation - Reality Check

[Paul Neumiller]

1.       Trust is called "Revocable" in the title.

2.       One stand-alone provision says: "The Trustors have been fully
advised as to the difference between revocable and irrevocable trusts."

3.       Another provision says: "While both Trustors are living and serving
as Trustee, the Trust Agreement shall be revocable, and subject to the
amendment and modification by both Trustors, by a writing delivered to the
Trustee."

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, October 14, 2015 3:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Revocation - Reality Check

 

When you say the trust states it is revocable what do you mean?  Are you
talking about the title?  Or does it say in the body of the trust, "this
trust is revocable."  If it's just in the title, may need a TEDRA.  If in
the body and it says nothing more than this trust is revocable I think
11.103.030(2) controls how each trustor is able to revoke.

 

Marcus J. Fry

Lyon, Weigand & Gustafson PS

Yakima, Washington

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, October 14, 2015 2:49 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Trust Revocation - Reality Check

 

Met with an elderly man today (along with his son from a previous marriage)
who wants to either amend or revoke his revocable trust that he has with his
wife (yes, two trustors).  She refuses to sign any amendments to the trust.
The Trust says it is revocable but not by whom.  I have found RCW 11.103.030
which seems to give him full power to revoke the Trust.  We would then
replace the Trust with a new Will and start the process of defunding the
Trust.  I can't find any cases that construe RCW 11.103.030.  Anyone have
any experience with similar circumstances?  

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