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

Wed May 13 19:41:56 PDT 2020

Just to clarify.  It is not that the Certificate of Trust is presented along with the will to an institution.  The Certificate of Trust is submitted by itself and is sufficient by itself and then you don’t have to show the entire will to open a bank account for example.

Susan

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Wednesday, May 13, 2020 7:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Need template for drafting trust for nonincapacitated adults created by terms of will

Great, thanks, Phil.  Here, the will does a great job of laying out the trustee’s powers.  I also like Susan’s suggestion of the Certification of Trust for those institutions  that want an additional document besides the will.

I appreciate all of the help!

Candace

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 Philip N. Jones
Sent: Wednesday, May 13, 2020 6:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Need template for drafting trust for nonincapacitated adults created by terms of will

I vote with Marcus.  Almost always, the will contains all of the terms of the trusts and no further drafting is needed.  In the future, if someone asks for a copy of the trust, hand them the will. 

Phil Jones

Philip N. Jones 

Duffy Kekel LLP

Portland, OR

pjones at duffykekel.com <mailto:pjones at duffykekel.com> 

(503) 226-1371

On May 13, 2020, at 2:14 PM, Marcus Fry <mfry at lyon-law.com <mailto:mfry at lyon-law.com> > wrote:

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>  [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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