[WSBAPT] Non Coronavirus Question!

[Diane J. Kiepe]

Jacob,

In our world is there really such a thing as elementary?  I vote no!  Sometimes I am on the 100th time of doing something and I need to pause.

I would say remainder charity is outside the power of appointment.  In our drafting we usually cover both issues and charities for various reasons. I think the remainder must got to issue UNLESS all issue are willing to TEDRA - tough sell.

My 2 cents.

Best of luck,


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jacob Menashe
Sent: Thursday, March 26, 2020 2:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non Coronavirus Question!

Hi all,

What I am thinking about: John has a limited testamentary power of appoint where he can appoint to his issue, outright or in trust. He wants to exercise the appointment in favor of a trust benefiting his child, Sally, for her lifetime but at Sally's death the remainder goes to a charity (i.e., not to John's issue). Is the charity as a remainder of Sally's trust a problem? I realize the answer may be elementary but it's escaping me and I haven't been able to pin it down!

Thanks,

Jacob

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Jacob H. Menashe
Hickman Menashe, PS
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