[WSBAPT] HEMS Trust - car purchase?

[Rebecca King]

I definitely think standard HEMS language allows for a reasonable car purchase.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Thursday, April 20, 2023 1:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] HEMS Trust - car purchase?

I think a car definitely fits within the HEMS standard. What? An 18 year old doesn’t need a Bentley????? However, if the family all drove Bentleys before the trustors died, then buying one now could be in keeping with the lifestyle to which the beneficiary was accustomed. It is a matter of reasonableness, of course taking into consideration such things as the amount in trust overall in relation to the vehicle’s purchase price, and current and anticipated needs of the beneficiary to age 25.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D97393.DED49200]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Thursday, April 20, 2023 1:05 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] HEMS Trust - car purchase?

Greetings List -

Trustee of a HEMS trust that provided for nothing specific other than college education (in addition to Health, Education, general maintenance and support) would like to purchase a car with the money. The beneficiary just turned 18. The trust is through the age of 25.

When I have my estate planning hat on - when I do HEMS testamentary trusts, I ask my clients if they would like to allow for car purchase and have them establish parameters (a Bentley is as much as car as a Honda).

I have never come across this situation to date on the administration side from a Will that didn't expressly allow.

Appreciate thoughts and experiences.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

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Direct: (253) 285-7453

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