[WSBAPT] trust question

[Mary Stone]

Thank you, Diane.

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, January 17, 2019 11:04 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] trust question

 

Mary,

 

I have retroactively divided trusts after a large gap of time (one was 15 years later) and would say it is mandatory where the remainder beneficiaries are different under the survivor’s plan versus the Trust.  I have also allowed all remainder beneficiaries to agree to what should of happen and what we are doing now pursuant to a TEDRA where recreating trusts may not have a positive cost/benefit.  Just need to be careful of making sure you include all appropriate parties under such a TEDRA.

 

Best of Luck,

 

 

Diane J. Kiepe

 

Diane J. Kiepe, Attorney at Law

Douglas • Eden

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

Phone:  (509) 455-5300

Fax:       (509) 455-5348

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mary Stone
Sent: Thursday, January 17, 2019 9:29 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] trust question

 

 

If the trust estate isn’t divided into two parts upon the death of the first Trustor so the survivor continues to operate under the original RLT, then the survivor dies, can the successor trustee do the division upon the death of the survivor, or is it too late?  There is language in the trust that says the Trustee is authorized to maintain and administer both trusts as a unit and not make physical division or segregation.   

 

Thank you.

 

Mary Stone

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