[WSBAPT] Trust Revocation - Reality Check

[Heather deVrieze]

I would argue that those provisions of the Trust preclude his ability to change on his own.

He may have the power to withdraw his separate property, or even his share of the community property, but a change to the Trust or a revocation would appear to require both Trustors.

Heather


Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, October 14, 2015 3:31 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Revocation - Reality Check


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> [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<mailto: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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