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

[Dominique Zervas]

Thank you for your feedback, Steve. Are you referring to a Community Property Agreement?

Here’s more info that might be helpful:

W has child from a prior marriage and W’s absolute goal (with which H presently agrees) is for the ppty to go that child. H&W’s issue is: H insists on an irrevocable transfer to him, W wants to limit that irrevocability such that it becomes revocable if H & W divorce.



Sincerely,

Dominique Zervas





ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com<http://zervaslaw.com/>

Exceptional Service – Meaningful Solutions
Real Estate • Land Use • Business Formation • Estate Planning & Probate

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Steve Brandli
Sent: Tuesday, July 16, 2019 8:58 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Sept. Ppty. into Irrevocable Trust; contemplating divorce

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
Real Estate • Land Use • Business Formation • Estate Planning & Probate


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