[WSBAPT] Trust Designation

Sara D. Longley sara at longley-law.pro
Fri Jul 6 16:50:45 PDT 2018


I’m working on an advice letter for a client regarding a trust question now, so I have the trust RCW in front of me.  Relevant to your revocable/irrevocable question, RCW 11.103.030(1) provides that “Unless the terms of a trust expressly provide that the trust is revocable, the trustor may not revoke or amend the trust.”

 

I would take Eric’s advice and look first to the terms of the trust.

 

Good luck,

Sara

 

 



Sara D. Longley, J.D., LL.M.

 

LONGLEY LAW PLLC 

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Seattle, WA 98107

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, July 6, 2018 4:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Designation

 

I just Googled that, and discovered that I had no idea there were technical distinctions related to those abbreviations.

 

I might be the only ignorant one out there, but if I'm not, it's possible that someone else is misusing the abbreviation, so the Trust instrument itself will have to be consulted to determine whether or not it is revocable.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Friday, July 06, 2018 4:10 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Trust Designation

 

Good Afternoon Hivemind - 

 

I am looking at a trust for a client that has John Doe, Trustee of the John Doe Family Trust, u/a dtd Month, Date, Year of original creation. 

 

It was my understanding that the U/A DTD designation meant it was an irrevocable trust - but this was used for an RLT. 

 

I am setting time on Monday to hit the books to dig into this further, but thought I was see if anyone had the answer at their fingertips. 

 

Thanks!

Brent

 

-- 

Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 

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