[WSBAPT] Setting up credit trust long after Spouse passes

[Jeff Davis]

Listmates:

 

Husband dies in 2004.  H & W had a living trust that said upon the passing
of the first spouse, the trustee "may" divide the trust into two parts, (it
does not say equal), with one part to be held as the survivor's trust and
one part as the decedent's trust (Credit Trust).  Nothing was done.  Trust
holds substantial amount of real estate which may be taxed, at least by
Washington State, when mom passes.  Question is can the credit trust now be
funded?  This is not a disclaimer issue.  The federal inheritance tax is not
an issue.

 

Your insight would be appreciated.

 

Jeff

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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