[WSBAPT] Need template for drafting trust for nonincapacitated adults created by terms of will

Wed May 13 14:09:13 PDT 2020

Candace:
It sounds like you have testamentary trusts.  As such, you don't need to draft separate trusts.  You just need to get tax identification numbers for each of the trusts, and each trustee assigned receives a copy of the will containing the terms of the trust to operate.  Now if the will has some holes with regard to the trust, then TEDRA can fix those terms.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Candace Wilkerson
Sent: Wednesday, May 13, 2020 1:52 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Need template for drafting trust for nonincapacitated adults created by terms of will

Hi Listmates,

I am representing the PR in a nonintervention probate case.  The terms of the will strangely require that a separate ("Descendants') trust be created for each of the 3 beneficiaries of the estate (all adults, none disabled in any way), and that a separate trustee be appointed for each trust (named in the will).  As far as I see it, there is no need for the court to make any determination regarding these trusts since the will lays out the terms pretty clearly, and the trustees are willing to be appointed.

I've dealt with special needs trusts created from the wills during probate, but never ones like this.

My questions are:

  1.  Is it necessary to actually draft trust instruments for these trusts? And if so, can I simply attach the trust terms laid out in the Will as Ex. A to each trust?  Or do I need to create a separate irrevocable trust for each, and type all of the trust terms from the will into each document?
  2.  If I need to create a trust instrument for each, should each be signed by the PR of the estate as Settlor, and the appointed trustee?
  3.  Or is it enough to have the PR sign the trust instrument, and then have the trustees sign an Acceptance of Appointment to be kept with the trust records for each trust?

Does anyone have a Word template of a similarly created trust instrument they would be willing to share with me offline?  I'd really appreciate it.

Thanks,

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cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

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