[WSBAPT] Adding wife to Husband's RLT?

Fri Mar 6 11:02:48 PST 2020

I agree with John.  Start off with a narrative at the introduction,  so 
that a stranger coming across this new document could follow the chain 
of events.  Cite the authority of the original grantor to revise the 
trust.  Wind up the narrative with a THEREFORE bullet list setting out 
the updated grantors and trustees.  Then write your Restatement.

Have fun!  (< not meant sarcastically)

Felicia

On 3/5/2020 7:54 PM, John J. Sullivan, Esq. wrote:
>
> I don’t see why not, given that the trust remains fully revocable. 
> Just recite a narrative at the beginning of the restatement so nobody 
> thinks you’re trying to hide the ball. If you can merge two separate 
> trusts I don’t know why you can’t restate to add a grantor, trustee 
> and beneficiary. It’s revocable.
>
> John J. Sullivan
>
> *From:* wsbapt-bounces at lists.wsbarppt.com 
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Gerald Sprute
> *Sent:* Thursday, March 5, 2020 11:09 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Adding wife to Husband's RLT?
>
> 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 
> <mailto:wsbapt-bounces at lists.wsbarppt.com> 
> <wsbapt-bounces at lists.wsbarppt.com 
> <mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of John J. 
> Sullivan, Esq. <sullaw at comcast.net <mailto:sullaw at comcast.net>>
> *Sent:* Wednesday, March 4, 2020 10:04 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com 
> <mailto:wsbapt at lists.wsbarppt.com>>; wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com> <wsbarp at lists.wsbarppt.com 
> <mailto: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 
> <mailto:wsbapt-bounces at lists.wsbarppt.com> 
> <wsbapt-bounces at lists.wsbarppt.com 
> <mailto: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 
> <mailto:wsbapt at lists.wsbarppt.com>>; wsbarp at lists.wsbarppt.com 
> <mailto: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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-- 
PLEASE NOTE! As of August 1,  2019,  my office has MOVED to 413 Morris St. in La Conner.

Felicia Value
Attorney at Law
PO Box 578/413 Morris Street
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Felicia at skagitprobate.com

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