[WSBAPT] WA Pour-Over to AZ Trust

[Tom Garvey]

Greetings all,

Husband and Wife made one Trust in AZ governed by AZ law and accompanying Pour-Over Wills at the same time.
One spouse would like to add to/amend the distribution scheme to assign their lawsuit recovery to one beneficiary.
The other spouse is incapacitated and cannot sign amendments to the Trust.
Their POA's do not grant authority to amend the Trust, neither do the Trust provisions.

Create a new Pour-Over will with the exception for lawsuit recovery? It would be a WA will going to an AZ Trust.

Is the lawsuit recovery considered "an instrument evidencing a debt" pursuant to RCW 11.62.005? If so it could just be a personal property memorandum?

Tom Garvey | Attorney
Hanigan Law Office, PS
68 Main St. / PO Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 - fax

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