[WSBAPT] Problem Solving Question

[Brink, Kerry]

I think you could do a TEDRA, reciting the background, eliminating the trust and directing all assets pass to the husband.  Then a probate if necessary to get everything to him?

Best regards,

Kerry Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law

Vandeberg Johnson & Gandara, LLP
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Tacoma, WA   98401-1315
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Julie Fowler
Sent: Thursday, September 22, 2016 11:33 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Problem Solving Question

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.
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