[WSBAPT] Adding wife to Husband's RLT?

[Gerald Sprute]

thanks John.  In my case, husband is the only one with a revocable trust (even though they were married when the trust was set up).  So I can restate his trust adding wife as trustee and beneficiary; can I add her as a Grantor under the restatement?  Doesn't seem like I should be able to....

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>









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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of John J. Sullivan, Esq. <sullaw at comcast.net>
Sent: Wednesday, March 4, 2020 10:04 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Adding wife to Husband's RLT?


Yes. Have had a few clients move here from common law states where the practice was separate RLTs. My practice is to merge the two into a combined RLT vis a restatement.



John J. Sullivan



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Gerald Sprute
Sent: Wednesday, March 4, 2020 4:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com
Subject: [WSBAPT] Adding wife to Husband's RLT?



Anyone have experience dealing with individual Revocable Trusts for husband and wife?



Husband set up a revocable trust in Illinois, while he and wife were married.  He is the only grantor and trustee. Wife is the remainder beneficiary.



Husband and wife want a “traditional” Revocable Trust, with both of them on it.  Because of complicated asset transfers with Illinois business interests, it’s impractical to just throw the old trust out.



I presume that I can’t add Wife as a Grantor on the old trust.  Has anyone restated a trust like this (I’ve seen them come in from other states occasionally, where husband and wife each have their own revocable trust).  Would it make sense to just add Wife as Trustee and lifetime beneficiary and give her additional powers equal to the grantor?  Or would it make more sense to draft a whole new RLT with Husband and Wife as Grantors, and just leave the Illinois property in Husband’s separate (unrevised) revocable trust?



Any wisdom out there on this one?





Jerry Sprute

Law Office of Gerald A. Sprute

P.O. Box 1657

Duvall, WA  98019

Tel / Text: (425) 892-4079

FAX: (206) 519-6667

www.sprutelaw.com<http://www.sprutelaw.com>







Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>









Confidentiality Notice: The information contained in this communication is Confidential and may also be Attorney-Privileged.

The information contained in this communication is intended for the individual or entity to whom it is addressed.  If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electric Communications Privacy Act of 1986 as well as the Domestic and International Laws and Treaties.  If you have received this communication in error, please immediately notify Gerald Sprute by telephone at 425.892.4079 and delete it from your system.


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