[WSBAPT] joint rlt

[John J. Sullivan, Esq.]

Harkiran:

 

The answer depends on how the RLT deals with the first decedent’s share. Is it a disclaimer trust, or is there a mandatory split? Unless the split is mandatory I see no need for a TEDRA or to involve the remainder beneficiaries at all. Simply don’t do the disclaimer (assuming this doesn’t shoot her estate in the foot with unnecessary estate taxes) and then everything is on her still fully revocable side of the trust. She doesn’t need TEDRA permission to revoke. 

 

But make sure she understands all the implications of not doing the disclaimer. 

 

If, however, it’s a mandatory split you need a TEDRA to undo that. 

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Harkiran Sekhon
Sent: Friday, May 22, 2020 10:11 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] joint rlt

 

Hi Listmates, 

 

Couple created a joint rlt along with pourover wills but never actually funded the trust. First spouse passes and the surviving spouse (who is PR) opens probate but would like to do away with the joint rlt and update property title to surviving spouse's name rather than trust. 

 

Since surviving spouse is the beneficiary of deceased spouse's interest in community property, what does this process look like? A tedra agreement among surviving spouse and adult children? Anything in addition to this? 

 

Best,

 

Harkiran


 

-- 

Harkiran Sekhon

Attorney 

Sekhon Law, PLLC

P: (425) 207-4866 | F: (425) 332- 7035 | W: www.sekhonlawpllc.com <http://www.sekhonlawpllc.com>  | A: 707 S. Grady Way STE 600 Renton, WA 98057

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200522/4015aac0/attachment.html>