[WSBAPT] Naming a testamentary trust as beneficiary of non-probate asset

Jamia Burns jamia at jamiaburnslaw.com
Wed Apr 19 10:14:46 PDT 2023


I usually use "to the Trustee of the JOHN DOE (executor's name) Children's
Trust created in Article 7 of my last will and testament, dated
_______________, for the benefit of my daughter JANE DOE."

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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On Wed, Apr 19, 2023 at 10:02 AM Jon Fritzler <FritzlerLaw at outlook.com>
wrote:

> Client’s Will provides for the share of a beneficiary be held in trust for
> the beneficiary.  Client wants to name the trust as a beneficiary of
> non-probate asset.  I advised client to use the following language for the
> beneficiary designation: “[Name of trustee] or his successor as Trustee of
> the Trust created under section 3.1(a) of my Will dated ______, 2023.”
> Client’s financial advisor replied:  “Do you have the legal name of the
> trust?  We can list that as an entity in the beneficiary section of the
> account.”
>
>
>
> Thoughts on how to reply?  Mine is to explain that it is testamentary
> trust that doesn’t come into existence until client’s death and that is not
> assigned a “legal name” until that time.
>
>
>
> Sincerely,
> Jon M. Fritzler
> Attorney at Law
> 717 E. 22nd St.
> Vancouver, WA 98663
> Tel. 360.818.4431
> Eml fritzlerlaw at outlook.com
>
>
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