[WSBAPT] Does a will trump a living trust?

Tue Jun 21 21:41:22 PDT 2016

 <http://courts.mrsc.org/supreme/176wn2d/176wn2d0342.htm>
http://courts.mrsc.org/supreme/176wn2d/176wn2d0342.htm   

Of interest may be the Manary v Anderson case which addressed interest in
real estate involving a RLT and the Super Will Statute. 

The bank in your scenario will present difficulties honoring anything other
than what is of record with the bank and RCW 11.11 refers to Wills.

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

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        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: June 21, 2016 19:29
To: Doug Schafer <wsbapt at lists.wsbarppt.com>; WSBA Probate & Trust Listserv
<wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does a will trump a living trust?

Can you apply super will provisions to RLT‎ where grantor changed provisions
in trust to have all bank accounts go to charity but didn't change bene on
POD accounts?

Had pour over will into trust.

Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE
network.

From: Doug Schafer

Sent: Tuesday, June 21, 2016 6:29 PM

To: WSBA Probate & Trust Listserv

Reply To: WSBA Probate & Trust Listserv

Subject: Re: [WSBAPT] Does a will trump a living trust?

Interesting point. But likely only if (1) the trust was revocable by the
father and (2) Montana law has superwill statutory provisions like
Washington, and (3) the Texas Will has language that satisfies the Montana
superwill statute.

If the father were a WA domicilary and died with a WA will containing
superwill provisions leaving all to his widow, would a Montana court in an
ancillary probate for the Montana real property treat that WA will as
trumping the provisions of a revocable trust that held title to the
property?

Doug Schafer

On 6/21/2016 4:56 PM, Brink, Kerry wrote:

So – if there was a “superwill” provision in the Texas Will, would that
change distribution of the assets in the RLT to the beneficiaries of the
Texas Will even if transfers had been made into the RLT?

 <http://app.leg.wa.gov/rcw/default.aspx?cite=11.11.020> RCW 11.11.020

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.11.010> 11.11.010(7)

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.005> 11.02.005

Best regards,

Kerry E. Brink

Kerry E. Brink • Attorney

Estate Planning, Probate, Elder Law

____________________________________
Vandeberg Johnson & Gandara, LLP

PO Box 1315

1201 Pacific Ave Suite 1900

Tacoma, WA   98401-1315

www.vjglaw.com <http://www.vjglaw.com> 

kbrink at vjglaw.com <mailto:kbrink at vjglaw.com> 

*Phone: 253.383.3791 
7Fax:        253.383.6377 

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