[WSBAPT] Date Needed for Testamentary Trust?

[Diane J. Kiepe]

Jane - I don't think there is any hard and fast rule.  When I do a testamentary trust I pick a name and then state created under Last Will & Testament of George Jones, decedent, date of death....but the name is just the shorter Jones Family Trust (or whatever).....

Also, about 5 years ago, when I draft testamentary trusts I specially say $100,000 to a trust to be named xyz or a similar name selected by my PR to indicate the trust is for the benefit of (or "is a bypass trust" or "is a dynasty trust") this way the trust can just be titled at the death of the Testator.

I am sure reasonable minds can differ on this approach -

Best and a happy Thanksgiving to you

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 Jane Bitz
Sent: Wednesday, November 25, 2020 11:20 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Date Needed for Testamentary Trust?

I am attorney for an estate where a testamentary trust is set up for grandchildren of the decedent. We are funding the Trust from the Estate and I am drafting a Deed of estate real property from the PR to the Trustee of the Trust. Ordinarily the grant would be: "To the Trustee of the Jones Family Trust dated ________."

Do I have to use a date for this testamentary Trust? And if yes, do I use the Grantor's Date of Death or the date that the Will was signed or other date?

What would be the best practice here?

Thanks.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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