[WSBAPT] California Trust

[Philip N. Jones]

This is a very difficult question that has oft been debated on this listserv.  Some will say that amending a trust prepared by a prior attorney is a recipe for disaster, as is using a California trust in Washington.  On the practical side, some clients don’t want to pay for a new estate plan.  And they don’t want to pay you to read every sentence.  So what do you do?  Do you say, ”Well I looked at your trust, and it will probably work in Washington, but I cannot guarantee it.”?  Risky.  So you are between a rock and a hard place.
Good luck with that . . . .
Phil Jones


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marvin Benson
Sent: Thursday, June 13, 2019 12:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] California Trust

Me too.   I would amend the trust.  Be sure to read the whole trust because trusts written in California sometimes refer to specific California statutes at multiple places in the trust.

Marvin Benson

On Wed, Jun 12, 2019 at 4:01 PM Eden Rubenstein Toner <attorneytoner at earthlink.net<mailto:attorneytoner at earthlink.net>> wrote:
I would amend the trust to preserve the original start date.
Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
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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 nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Wednesday, June 12, 2019 9:33 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] California Trust

PC move here from CA and has a CA trust that has property in its name. Would client be best served by a new Trust and transferring the property to it or Amending the Trust to be governed by the laws of the State of Washington.


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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