[WSBAPT] Modifying Beneficiaries of an Irrevocable Trust

[David Faber]

Some clients of mine brought up a novel situation for me yesterday:

(W)ife is a remainder beneficiary of a family trust along with three
siblings. The trust became irrevocable upon her father's death. The trust
specifies that if W predeceases her stepmother, W's share passes to W's
issue upon stepmother's death. W has a (C)hild from a previous
relationship. W and C both agree that (H)usband should receive W's interest
in the trust if W predeceases stepmother. The trust grants no power of
appointment to W and the trust cannot be modified by stepmother (plus, the
relationship with stepmother is strained).

Would having W & C, as all of the remainder beneficiaries of a particular
tranche of the trust estate, execute a written agreement directing the
tranche to H upon W's passing work to supplant the current pathing of
remainder beneficiaries?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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