[WSBAPT] Trust Revocation - Reality Check

[John McCrady]

But I believe that 11.103.030(2) applies only to trusts created on or after January 1, 2012.
Trusts created before that date we must look to the language of the trust itself for revocation procedures.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

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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