[WSBAPT] Problem Solving Question

[Julie Fowler]

H&W have an RLT and Will prepared by a Texas Law firm. Attorney was not
licensed in Washington. Documents were executed in Washington though. RLT
has onerous A/B mandatory trust structures for tax savings. Following
execution of the documents the lawyer writes the client a letter telling
them not to immediately fund their trust with all of their assets. Which the
clients took to mean, don't fund your trust at all.

 

Wife dies and there is nothing in the trust. Pour over will puts everything
into the trust. Estate is significantly under the estate tax threshold and
the Surviving Spouse needs the money to live on. I believe some of the
assets outside the trust were JTWROS. 

 

Is there any way we can disregard the trust and Will based on the fact that
there appears to be malpractice and proceed intestate? The Will and trust
are validly executed per Washington standards so I'm guessing no. Could we
use TEDRA to free up the funds for the Husband since the trust won't
function as intended? There's only one adult secondary beneficiary who would
support relieving the obligations of the trust.

 

Julie K. Fowler

 

Law Office of Julie K. Fowler, P.S.

12400 SE 38th Street, Ste 203

Bellevue, WA 98006

(425) 990-9975 (o)  ~  425-451-2687 (f)

julie at juliefowlerlaw.com

www.juliefowlerlaw.com 

 

~ OFFICE HOURS ~  9:30 am - 3:30 pm 

 

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