[WSBAPT] FW: RE: [elder-law-section] How to Insure Surviving Spouse Share with Deceased Spouse Child

Tue Aug 29 15:31:24 PDT 2017

Thank you all who replied!

I wish I was around in the "old days" because I believe life was a lot
simpler!! :)

Thank you, I have a few options to consider. I believe the best approach
with this couple is mutual wills with a testamentary trust and a contract
between the spouses requiring them to keep the deposition to the two
children.

Thanks again! Really appreciate your time!

On Tue, Aug 29, 2017 at 3:30 PM, Ms. Roberta Armstrong <
Roberta at indianwillsonwheels.org> wrote:

>
>
> ----- Forwarded Message -----
>
> *From:* James Ihnot <jri at jamesrihnot.com> <elder-law-section at list.wsba.org
> >
>
> *To:* Elder Law Section <elder-law-section at list.wsba.org>
>
> *Sent:* ‎Tuesday‎, ‎August‎ ‎29‎, ‎2017‎ ‎01‎:‎31‎:‎22‎ ‎PM
>
> *Subject:* RE: [elder-law-section] How to Insure Surviving Spouse Share
> with Deceased Spouse Child
>
>
>
> I also prepare a Marital Trust that allows the surviving spouse a life
> estate in real estate and to spend a portion of the money (usually a per
> centage each year) and then require the distribution up on the surviving
> spouses death according to their agreement.
>
>
>
>
>
>
>
> Jim
>
>
>
>
>
>   James R. Ihnot, P.S.
>
>   Attorney at Law
>
>   610 Market Street Suite 100
>
>   Kirkland, WA 98033
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>   T-(425)827-6490 <(425)%20827-6490>
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>   C-(425)922-9040 <(425)%20922-9040>
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> -----Original Message-----
>
> From: Richard Paroutaud [mailto:richardp at chehalislaw.comelder-law-section@
> list.wsba.org]
>
> Sent: Tuesday, August 29, 2017 11:57 AM
>
> To: Elder Law Section
>
> Subject: RE: [elder-law-section] How to Insure Surviving Spouse Share with
> Deceased Spouse Child
>
>
>
> In the "old days" we would prepare wills that stated what the couple
> wanted, along the lines of your example, AND a contract not to change the
> wills. The contract is enforceable by the children, but the downside is
> that a surviving spouse who wants to make an end run around the contract
> might try to sell the assets in question. There was a court of appeals case
> that said this was a violation of the contract. So, its not perfect, but I
> did a number of these contracts back in the 80's.
>
>
>
>
>
> Richard  Paroutaud
>
> Mano, McKerricher, Paroutaud, Inc. P.C.
>
> P. O. Box 1123
>
> 20 SW 12th St
>
> Chehalis, WA 98532
>
> 360-748-6641 <(360)%20748-6641>
>
> 360-748-6644 <(360)%20748-6644> (fax)
>
>
>
> -----Original Message-----
>
> From: Roberta Armstrong [mailto:robertaa at uw.edu]
>
> Sent: Monday, August 28, 2017 10:33 AM
>
> To: Elder Law Section
>
> Subject: [elder-law-section] How to Insure Surviving Spouse Share with
> Deceased Spouse Child
>
>
>
> Good Morning Listserv!
>
>
>
> H and W of 40 years. H is 15 years older than W. Both are in good health,
> but frequently travel out of the country.
>
> Many assets (mostly rental properties) of ~$2.5 million in value, all
> community property.
>
> Each spouse has a child prior to marriage, Child1 (H) and Child2 (W).
>
> They would like to do an estate plan where when the first spouse dies the
> other spouse has unrestricted use of the joint estate but upon the passing
> of the last spouse, the remaining joint estate goes equally to Both
> children.
>
> They do not want long term medical planning. They want to insure that the
> surviving spouse's (if they were to remarry) new spouse does not inherit
> anything from the joint estate.
>
>
>
> My question is what is the best vehicle to insure the surviving spouse
> shares equally with the two children, specifically not disinherit the prior
> deceased spouse's child?
>
>
>
> Thank you in advance.
>
>
>
> Roberta
>
>
>
>
>
> --
>
>
>
> Creator of the first on-line Indian Will Production System - CHECK OUT
> www.NativeWill.org <http://www.nativewill.org/>
>
>
>
>
>
> Ms. Roberta Armstrong
>
> Washington State Bar Association No. 42343
>
>
>
> Founder and Executive Director
>
>
>
> Stewards of Indigenous Resources Endowment,
>
>
>
> a Non-Profit Professional Service Corporation
>
>
>
> P O Box 2248
>
>
>
> Yelm, WA  98597
>
>
>
>
>
>
>
> 425.737.5448 <(425)%20737-5448> | Direct
>
>
>
> 866.227.6651 <(866)%20227-6651> | Fax
>
>
>
>
>
>
>
> Roberta at IndianWillsOnWheels.org <mailto:Roberta at IndianWillsOnWheels.org>
>
>
>
> www.IndianWillsOnWheels.org <http://www.IndianWillsOnWheels.org>
>
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-- 
*Creator of the first on-line Indian Will Production System - CHECK OUT *
*www.NativeWill.org* <http://www.nativewill.org/>

*Ms. Roberta Armstrong*

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

*a Non-Profit Professional Service Corporation               *

P O Box 2248

Yelm, WA  98597

425.737.5448 | Direct

866.227.6651 | Fax

Roberta at IndianWillsOnWheels.org
www.IndianWillsOnWheels.org

Please note that the contents of this e-mail message are confidential and
may be legally privileged, being intended for the named recipient.  Please
do not reproduce or transmit this message without permission of the
sender.  If you have received this message in error notify the sender to
inform them of the inadvertent mistake and then delete this message from
your computer and server. Thank you in advance for your adherence.
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