[WSBAPT] Residue Provision Left Out of Trust Amendment

[Jeff at bellanddavispllc.com]

Listmates:

 

Original trust agreement named only son (OS) as 100% residuary beneficiary.
Grantor amends trust by removing the provision for son, and replacing it
with specific distributions of accounts to OS and two others, and granting
Grantor's girl friend a life estate in the house in the trust.  Nothing is
said about what happens to house if GF dies or moves out.  There is no
residuary clause. Grantor dies, GF moves.  OS, who is also the acting
trustee, wants to transfer the house to himself.  The attorney drafting the
amendment says house was meant to go to OS, but, ooops, that clause was left
out.  Does OS do a TEDRA agreement with himself?  Do you forget the trust
amendment?

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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