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

Tue Aug 15 14:05:37 PDT 2023

Short answer . . .  NOPE. A few institutions have the option to check a box for “testamentary trust” and then to include some information to identify (beneficiary of trust, date of will, etc.) but most require paper forms and writing over their “first, middle, and last” or writing in “see attached”.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D9CF81.8F612720]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

Our office will be closed Fridays from July 14 through August 25th.

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Tuesday, August 15, 2023 1:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Naming a testamentary trust as beneficiary of non-probate asset

Listmates,
Tagging on to this prior discussion, I have often provided similar recommended language to that many of you suggested below (Trustee of the Children's Trust created by my last will and testament dated ...), but just recently am getting feedback from clients that the online forms won't allow for such long beneficiary designations. Do you have any suggestions for a) shorter designations; or b) workarounds (other than requesting a paper beneficiary designation form)?
I appreciate your thoughts and experience.
Warmly,
Laura
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

4010 Lake Washington Blvd. NE Ste. 202

Kirkland, WA 98033

NOTICE:  This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by replying to this email and immediately delete the message and any attachments without copying it or disclosing its contents to others.

On Wed, Apr 19, 2023 at 10:03 AM Jon Fritzler <FritzlerLaw at outlook.com<mailto: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<mailto:fritzlerlaw at outlook.com>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230815/7b346ecc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230815/7b346ecc/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230815/7b346ecc/image002.png>