[WSBAPT] Power of Appointment Equal To a Bequest in a Will?

[Diane J. Kiepe]

Paul, there should be a paragraph in the CA Trust that specifically spells out how one exercises a power of appointment - typically the are testamentary in nature and often times limited to descendants of the first to die in any event.

I have assisted in the exercise of limited powers of appointment and would glad to help you late next week if your matter is not time sensitive.


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, August 15, 2023 3:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Power of Appointment Equal To a Bequest in a Will?

Listmates, a client's (aka surviving spouse) CA trust says:  "On the surviving spouse's death, if and to the extent that the surviving spouse shall not have effectively disposed of all the property of the trust estate through a valid and effective exercise of a power of appointment," all trust assets go to children of a previous marriage.  The client now wants some of the trust assets go to his new wife (whom the children from a previous marriage despise).  The surviving spouse has an existing typical "pour-over" Will where everything defaults to the distribution in the Trust.  It seems like a square peg into a round hole.  How do I prepare a new Will and give the new wife a portion of the trust assets and do it "effectively...through a valid and effective exercise of a power of appointment."


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