[WSBAPT] RCW 11.103.030 - Character of Property Transferred intoTrust

[jacyphers at gmail.com]

Looking at 11.103.030 (2), the first question that comes to mind is:

Since one spouse has apparently died, is this still a revocable trust??
If one spouse as died, it would seem that the trust is clearly no longer
revocable as to that spouse.
The Trust terms may give all property to the surviving spouse, in which case
the surviving spouse can probably revoke.
But if the Trust terms give the deceased spouse's separate property or share
of community or joint property to some one else, or into a trust for the
surviving spouse,
then I am not sure that the statute applies any longer.  I don't think the
Trust is revocable as to the deceased spouse unless the Trust terms clearly
state it is.

But I have had no experience with that statute. 
 
    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Jeff Davis
Date: 8/30/2018 10:05:47 AM
To: 'WSBA Probate & Trust Listserv'
Cc: mindy at bellanddavispllc.com
Subject: [WSBAPT] RCW 11.103.030 - Character of Property Transferred
intoTrust
 
Listmates:
 
An issue has arisen regarding character of property transferred into trust
and what the surviving Trustor can do with it after the other Trustor’s
death.  The trust contained language similar to RCW 11.103.030(2).  This RCW
appears to be relatively new and no cases have dealt with it.  Have any of
you dealt with this issue?   The trust at issue had jointly owned, community
 and separate inherited property.
 
Jeff Davis
 
W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email: info at bellanddavispllc.com
www.bellanddavispllc.com
 
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