[WSBAPT] Date Needed for Testamentary Trust?

[Josh Grant]

I think our title companies prefer “To  ______ Trustee of the Jones Family Testamentary Trust ” and maybe add “under Will of _____” but I don’t.  I believe a date is not needed for a testamentary trust...  probably for the reasons you state.
Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jane Bitz 
Sent: Wednesday, November 25, 2020 11:19 AM
To: 'WSBA Probate & Trust Listserv' 
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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