[WSBAPT] Trust Designation
Karl Flaccus
Karl at flaccuslaw.com
Fri Jul 6 17:36:47 PDT 2018
I think abbreviations should be avoided whenever a small percentage of readers may be confused, which is almost always. What is the disadvantage of spelling it out, other than taking 3 extra seconds (if that)? I once wasted time on a “DNR designation” that turned out to refer to a Department of Natural Resources designation rather than a Do Not Resuscitate designation.
Karl
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington 98115
206 523-0297
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, July 06, 2018 5:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Designation
I think this is one of those things where people are confusing convenient abbreviations for terms with legal meaning.
https://www.thebalance.com/uad-trust-agreement-wills-3505620
They appear to be handy abbreviations, but using one in the wrong way doesn't magically change the character of a trust. They're just abbreviations.
Up until today, I just assumed the abbreviations varied because people abbreviate things in different ways. I did not think there was any intended distinction between them.
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 4:59 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Trust Designation
That was my general thought as well - that simply the words "under agreement dated on" have no specific intent behind them to be irrevocable - but this is how it was presented to me by an elder attorney nearly a decade ago who wrote my Godparents trust, which is, in fact, irrevocable.
Brent
On Fri, Jul 6, 2018 at 4:45 PM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:
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<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> / facebook<http://www.facebook.com/bwrconsults>
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Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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