[WSBAPT] Sept. Ppty. into Irrevocable Trust; contemplating divorce

[Steve Brandli]

Strictly speaking, such a trust may not meet the goal.  A court can divide all separate property, even property in a trust going to the wife if its not a mere expectancy.

 

Why not just enter into a property agreement?  These are enforceable so long as they are either procedurally or substantively fair.  Procedural fairness requires a full disclosure of all property, a meaningful opportunity to consult with counsel, and a lack of undue pressure.  In Washington, a property agreement could even be substantively unfair so long as it is procedurally fair, although I recommend making it substantively fair.

 

              Steve

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dominique Zervas
Sent: Tuesday, July 16, 2019 8:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Sept. Ppty. into Irrevocable Trust; contemplating divorce

 

 

Good morning, List Mates:

 

Does anyone have an provision he/she/they could share with me that could go into an irrevocable trust so the trust property does not go to spouse if spouse divorces?

 

Facts:

 

W owns separate real property (Property). H &W would like Property to go into an irrevocable trust (no other property to go into it) where, if H and W divorce, H loses all rights to that Property.

 

I’ve never done this and would greatly appreciate any input. 

 

Thank you!


Sincerely,

 

Dominique Zervas 

 

 

ZERVAS LAW, PS

1909 Broadway

Bellingham, WA 98225

360.733.2010

 <http://zervaslaw.com/> http://zervaslaw.com  

 

Exceptional Service – Meaningful Solutions 

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