[WSBAPT] Testamentary Trust

[Derek Jensen]

Dalynne,

I don't have a specific recommendation, but I would assume that any form book for wills would have examples. The problem is knowing which sections you can tweak without creating an income or estate tax issue. Also, you mention that the wife has dementia. This suggests that all of the estate property not just the tractors should be in a trust and the possibility of using a spousal supplemental needs trust should be explored.

Sincerely,

Derek W. Jensen, JD, LLM
Managing Attorney


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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, November 1, 2016 5:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Testamentary Trust

Can someone recommend a good resource for drafting testamentary trusts?  I've been waiting for a CLE but haven't seen one that provides actual samples.

Example:  Husband to wife (who has dementia) in trust for her benefit, then to 2 grown children upon her death.

Example:  Husband has large collection of antique tractors (worth approx.. $150,000) and upon his death, wants held in trust by a friend to sell for the benefit of his wife at a time and for a price when he will get the most out of the tractors value and friend knows the market.  Husband doesn't think wife will dispose of tractors properly.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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