[WSBAPT] Change in Beneficiaries on Irrevocable Trust

[Diane J. Kiepe]

Wow, that's a very unusual provision - it means all the assets are pulled into the Settlor's estate at his death - which, in general is unusual but not  unheard of, in irrevocable trust.

No - I think you just do a straight forward amendment as I believe you were looking for reference this power.  I'm in a time bind but if you don't hear from anyone, feel free to e-mail in the next few days.


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 Samuel M. Meyler
Sent: Monday, March 30, 2020 4:38 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Change in Beneficiaries on Irrevocable Trust

Hi Diane,

It is "irrevocable."  The trust does specifically provide for limited powers to amend and states, "The Settlor shall have the power to change the Beneficiaries, the terms of the individual Trusts to take into account the unique needs or abilities of the Settlor's children or grandchildren, to make disproportionate distributions to the Settlor's children or grandchildren; Provided however, that this limited right of revision shall NOT be exercisable in a manner that will result in any direct or indirect benefit to the Settlor nor shall such limited right of revision be exercisable by the Trustee or any other person/entity acting for or on behalf of the Settlor."

Does this still have to go through TEDRA if the trust specifically provides for this ability to change the beneficiaries?


Samuel M. Meyler

Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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 Diane J. Kiepe
Sent: Monday, March 30, 2020 3:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Change in Beneficiaries on Irrevocable Trust

First question is did you mane to say "irrevocable" if so then it can only be done by TEDRA and with agreement the proper parties, which means telling old/new benes of the change (I've done it twice).  If you meant revocable, that means a completely different thing.

Happy to help if I can,


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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Samuel M. Meyler
Sent: Monday, March 30, 2020 10:15 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Change in Beneficiaries on Irrevocable Trust

Listmates,

Can someone share a sample amendment to change beneficiaries/disbursements under an irrevocable living trust and let me know if there is anything that I need to watch out for?  Thank you in advance!


Samuel M. Meyler

Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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