[WSBAPT] Question about Revocable Living Trust

Mon Feb 27 10:57:20 PST 2023

It does not sound like a very good idea, but this is a revocable trust, not a will.
As long as each letter of instructions is described in the letter as an amendment to the trust, and as long as the trust states that it can be amended by a letter of instructions or by an amendment, or by a document that describes itself as both, then it should work.
And each letter should state that it supersedes all prior letters.
Of course, this client wants to take legal steps without benefit of counsel.  Not an ideal client.  Lots of traps for the unwary.  At the very least, give the client a letter that tells the client exactly what they should do and not do.  Then put a copy of the letter in your file.  And hope for the best.
Or maybe decline to do it altogether.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
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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
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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 of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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