[WSBAPT] WA Pour-Over to AZ Trust

Tue May 18 11:14:57 PDT 2021

I would also add that, if H&W are Washington residence now, a Pour-over Will for their property (except AZ real estate) probably doesn’t make a whole lot of sense and I would encourage them to  use the AZ trust in limited fashion and have a set of WA documents for everything else.  Particularly if their fiduciaries are here.  Regarding the wife’s incapacity, and it appears the judgement was issued in their joint names, I believe, as community property, it could be treated/managed as such.  To the extent one of them can manage this type of property under community property laws, I believe the husband can act.  I personally would have to revisit those rules but I believe one in a community has all management authority over all community property individually except real estate  but that is going from a memory I wouldn’t count on 😉

A second thought that comes to mind (and I don’t mean to create issues you have already addressed) is that, if the judgement is significant enough to trigger a WA Estate Tax (and/or Federal whatever that winds up being), you want to look carefully at tax payment provisions in trust/pour-over Will.  The person receiving the judgement may get an unexpected windfall or it may be just what H&W intend but they should at least know what the effect will be.

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 Heather de Vrieze
Sent: Tuesday, May 18, 2021 11:02 AM
To: Tom Garvey <tgarvey at haniganlaw.net>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WA Pour-Over to AZ Trust

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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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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