[WSBAPT] WA Pour-Over to AZ Trust

Tue May 18 11:01:53 PDT 2021

You cannot use a separate memorandum regarding tangible personal property for something like this.
RCW 11.12.260 provides what can be included as follows (highlighting mine):
(4) As used in this section "tangible personal property" means articles of personal or household use or ornament, for example, furniture, furnishings, automobiles, boats, airplanes, and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes articles even if held for investment purposes and encompasses tangible property that is not real property. The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities.

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Garvey
Sent: Tuesday, May 18, 2021 10:37 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] WA Pour-Over to AZ Trust

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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