[WSBAPT] Can Creditors Access Assets Placed into a Revocable Living Trust after the settlor's Death

[msafren at jennylinglaw.com]

Hello Learned Listservers,

 

I had a question for you all regarding creditor's ability to access assets
that were placed into a revocable living trust after the settlor's death.
I'm unclear if the creditor has such an ability and if so the extent of the
creditor's ability to force the sale of assets transferred into the trust to
satisfy the creditor's claims. 

 

To be clear, these are not secured creditors, but rather potential unsecured
creditors and assume that creditors file their claims timely.  

 

I could find nothing clearly answering this question one way or the other.
RCW 19.36.020 states "That all deeds of gift, all conveyances, and all
transfers or assignments, verbal or written, of goods, chattels or things in
action, made in trust for the use of the person making the same, shall be
void as against the existing or subsequent creditors of such person."
However, once a settlor dies and successor beneficiary and successor trustee
appears, I imagine that RCW 19.36.020 would not longer apply. 

 

I've got a client and this question is of great concern to my client. Please
let me know your thoughts and the reasons for your opinions. 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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