[WSBAPT] Execution Requirements of Living Trust

Mon Oct 24 08:24:14 PDT 2022

Thanks Fern. What statute are you referring to?

Sarah's client needs to understand that signing a trust -- which can be created by handwriting on a blank piece of paper if it "must" be -- may not have its intended effect unless either (1) the trust is funded before her death with her bank accounts and real property and other titled assets, or (2) a valid pour over will exists to leave her estate to the trust after her death.

But the latter is distinct from a statutory requirement that a trustor have a will for her trust to be valid. The trustor's trust is maybe not very "useful," but I don't understand how it is invalid.

If no notary is available, but two qualified witnesses are available, UNLESS I AM FORGETTING or MISSING SOMETHING, a trust can be implemented by trustor’s signature; and she could handwrite a simple will (or execute an elaborate computer printed will) leaving her estate to the trust and have two people witness her signature on the will. It could even be self-proven if the witnesses sign unsworn certifications as we have had in our state’s law for some time now. (Handwritten wills are fine, so long as witnessed by two people.) No notary needed. (But a remote online notary could also get the whole enchilada done if notarizing and video recording gives peace.)

All my best, Josh

Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Fern Herbert <fern at zenith-lawgroup.com>
Sent: Monday, October 24, 2022 8:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Execution Requirements of Living Trust

There needs to be a pour over Will to be compliant with the state statute requirements of actually having a Will. The Pour Over Will is not just a catch all for effects left out of the Trust.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Philip N. Jones <pjones at duffykekel.com>
Sent: Monday, October 24, 2022 7:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Execution Requirements of Living Trust

I don’t think either of those statements are correct.  Revocable trusts need not be notarized, and they are valid and enforceable with or without a pourover wIll, although a pourover will is advisable if any assets are inadvertently left out of the trust.
Phil Jones

Get Outlook for iOS<https://aka.ms/o0ukef>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Fern Herbert <fern at zenith-lawgroup.com>
Sent: Monday, October 24, 2022 4:02:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Execution Requirements of Living Trust

Sarah,

The Living Trust needs to be Notarized, but you also need to do a Last Will and Testament " aka a "Pour Over Will" with the Trust, and that requires two Witnesses as per state statute. Otherwise, the Trust will not be valid.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle

*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Sarah Duncan <sdunc at adamslawyers.com>
Sent: Friday, October 21, 2022 6:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Execution Requirements of Living Trust

I seem to recall that a Living Trust does not need to be witnessed or notarized to be effective.  But I cannot find anything in the RCWs that confirms my recollection?   I have a client in hospital who needs to execute her Living Trust this weekend, and she is having difficulty finding a mobile notary.

Can anyone confirm this for me?

Thanks,

Sarah E. Duncan

ADAMS & DUNCAN, INC., P.S.

3128 Colby Avenue

Everett, WA 98201

Tel:  (425) 339-8556

Office Fax:  (425) 339-2353

Direct Fax:  (425) 740-3323

www.adamslawyers.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.adamslawyers.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C88d22ef48e9a4451bd8508dab5c8f7e0%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638022172022077124%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=nMGqM%2BlMYHwoNSaPZnhcFt%2FSGvaOx4wP9WpVNWHcd5A%3D&reserved=0>

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