[WSBAPT] Question about Revocable Living Trust

Mon Feb 27 10:52:32 PST 2023

You should look at RCW 11.12.260, and in particular, subparagraph (4), the
definition of "tangible personal property."  You cannot use a separate
writing to disburse either currency or bank/financial accounts.

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Heather de Vrieze
Sent: Monday, February 27, 2023 10:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about Revocable Living Trust

Candace,

I'm interested to see if anyone has a contrary opinion, as I have had
similar requests over the years, and have always advised clients that this
is not a workable solution. 

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

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 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

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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 Candace Wilkerson
Sent: Monday, February 27, 2023 10:32 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Question about Revocable Living Trust

Hi Listmates,

I'm curious how to deal with this one.  We have a client who wants to leave
their trust assets (not just small items of personal property, but financial
accounts, etc.) strictly according to a separate Letter of Instructions.
This includes both specific gifts and the residuary trust estate.  Most, if
not all, of these beneficiaries will be charitable organizations.  

I have told the client that I think the distributions will need to be laid
out specifically in the trust language itself, because a separate writing
probably will not be legally binding.  I've also told them that, of course,
TOD accounts can be designated for a specific charitable beneficiary and not
transferred into the trust itself.  But the client wants the separate Letter
of Instructions because it's more flexible than changing the terms of the
trust when they want to add or delete a charitable beneficiary.

Am I incorrect in believing that such a separate writing will not be
considered legally binding?  Or is it enough to say in the trust that, after
the Settlor's death, "the trust estate will be distributed according to the
Letter of Instructions dated ____ addressed to ______"?

Thanks for your thoughts.

Best,

Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours
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