[WSBAPT] Joint Trust with division at first death that was never funded

[Teunis J. Wyers]

Kristina,

What is the nature and extent of the assets?  Are they all held in the
names of the trustee(s) of the trust?  Are there any WA estate tax
concerns? Are there any interested persons who would be inclined to make
trouble?

If none of those questions raise red flags, I would be inclined to prepare
a Certification of Trust designating the sole beneficiary as Successor
Trustee (if she is not already serving in that capacity) and distribute the
assets to her.  If no person or taxing authority has a stake in the
situation, I would just do what makes sense.  Understand, however, that my
practice is, as Judge Harris once told me, "WAY up the river".

On Wed, Jul 13, 2016 at 10:00 AM, Kristina devore <kristina at devore-law.com>
wrote:

> Listmates,
>
>
>
> I have a pc who came in with the revocable living trust of her parents.
> The trust provided that at the first death the assets would be divided into
> a family trust (irrevocable) and a martial trust (revocable by surviving
> spouse).  This was not done at the first death.  The second parent has now
> passed.  The distribution provisions are the same for final distribution.
> PC is the only heir/beneficiary.  Will the Trustee (same as
> heir/beneficiary) need to do any additional clean-up work with the trust
> other than distribute all to the heir/beneficiary (herself)?
>
>
>
> Thanks in advance for any advice.
>
>
>
> Kristina
>
>
>
>
>
>
>
> Kristina S. DeVore | Attorney & Counselor at Law
>
> KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste.,
> 290 | Vancouver, WA  98684
>
> Phone: (360) 695-0535 | Fax (360) 737-4154 | Kristina at devore-law.com
>
>
>
>
>
>
>
>
>
> This email message is covered by the Electronic Communications Privacy
> Act, 19 USC Sections 2510-2521.  Unauthorized review or distribution of
> this email message is strictly prohibited.  This e-mail message is intended
> for the exclusive use of the person or persons to whom it is addressed.
> This email message may contain information that is privileged and/or
> confidential. If you believe that you have received this message in error,
> you are hereby notified that any dissemination, distribution or copying of
> this communication is strictly prohibited.  Do not disseminate this e-mail
> and destroy the original e-mail and any copies. If you have received this
> communication in error, please notify us immediately, and destroy the
> original message.
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
     216 Columbia St. - P.O. Box 917
     Hood River, OR 97031
     (541)386-2210/610-1520 (fax)
Washington Office:
     218 E. Steuben St. - P. O. Box 421
     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

NOTICE:  This email (including any attachments) is covered by the
Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522,
is confidential and privileged.  This email is solely for the personal and
confidential use of the recipient(s) named above.  Receipt by anyone other
than the individual recipient(s) is NOT a waiver of attorney-client
privilege.  Any violation of the ECPA is subject to the penalties stated
therein. If you have received this message in error, please notify me
immediately by reply e-mail and immediately delete the original message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160713/48bb69fe/attachment.html>