[WSBAPT] Unfunded California trust

[Jennifer Johnson]

Thank you Phil and Cy, I appreciate the information.

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, PS
68 Main Street / P.O. Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

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‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Wednesday, November 17th, 2021 at 12:11 PM, Philip N. Jones <pjones at duffykekel.com> wrote:

> In response to your first question, take a look at my article on the subject of unfunded trusts, at the link below. Although the article is about Oregon, most of the principles will apply in Washington.
>
> Phil Jones
>
> [Jan 2019 OR Estate Planning & Administration Newsletter (osbar.org)](https://estateplanning.osbar.org/files/2019/01/Est_2019Jan.pdf)
>
> Philip N. Jones
>
> Duffy Kekel LLP
>
> 900 S.W. Fifth Ave. Suite 2500
>
> Portland, OR 97204
>
> pjones at duffykekel.com
>
> (503) 226-1371 – office
>
> (503) 853-1482 – cell
>
> (503) 226-3574 - fax
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Johnson
> Sent: Wednesday, November 17, 2021 8:41 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Unfunded California trust
>
> Good morning all,
>
> I could use some help with a recent scenario...a married couple acquired real estate in Washington in 2001. Husband passed away in June of 2016. Wife came in recently, wanting Husband's interest passed to her. She brought their estate planning documents with her, which consist of a revocable trust prepared in California in July of 2000 that the real estate was supposed to have been transferred into, and Husband's Will, leaving his entire estate to the Trustee of the Trust. The real estate was never transferred into the trust.
>
> The trust states that within 15 months after the date of the first spouse's death, the Trustee (Wife, in this case) was to have divided the trust estate into a Survivor's Trust and a Marital Trust (if necessary to eliminate or reduce federal estate taxes - that isn't necessary in this case). After first spouse's death, the surviving spouse only has the power to amend, revoke or terminate the Survivor's Trust.
>
> My first question is, can we now do a transfer of the property from Wife in her own capacity and as the heir of deceased's husband's estate directly to the survivor's trust? Is there a better route to take to get there? She does not want to open probate of Husband's estate in order to transfer his interest into the trust.
>
> My second question has to do with Wife's desire to amend the distribution provisions of the trust (and move the trust to Washington). Since the trust, with the exception of the Survivor's Trust, is irrevocable, does that mean that the distribution provisions are now irrevocable as well? Or are they considered part of the terms of the Survivor's Trust and so can be amended?
>
> I hope this all makes sense. I greatly appreciate any advice!
>
> Thank you, Jennifer
>
> Jennifer M. Johnson | Attorney
>
> Hanigan Law Office, PS
>
> 68 Main Street / P.O. Box 39
>
> Cathlamet, WA 98612
>
> (360) 795-3494
>
> (360) 795-3001 (f)
>
> CONFIDENTIALITY NOTICE: THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT. This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
>
> DISCLAIMER NOTICE: Email communication on the internet is NOT secure. There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
>
> Sent with [ProtonMail](https://protonmail.com/) Secure Email.
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