[WSBAPT] Practical guidance for division and distribution of community property - probate

[Rich McEntee]

Hello — 

This is a cross post to two listservs. I apologize if you receive this twice. 

I have not run into this situation before. I have been asked to assist with a probate. The deceased spouse left its residuary estate to one or more trusts for the benefit of the surviving spouse. The deceased had significant separate assets and also has some community assets. It is my understanding that without additional guidance, 1/2 of the community assets will be part of the residuary estate and will be distributed to the trustee of the trust(s). My question, how do folks typically determine what assets go into trust? Also, what do you do with personal property of the deceased that is not distributed otherwise? How would those items become part of the trust estate? Sell the assets or ?  Note, there is no concern that the trust estate will be exhausted during the survivor's lifetime. 

I would appreciate any thoughts and discussion related to how you have handled such situations. 

Thank you
Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com     
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