[WSBAPT] WSBAPT Digest, Vol 101, Issue 27
Amy Felt
amy at feltlaw.com
Mon Feb 27 12:05:19 PST 2023
Question about Revocable Living Trust
Candace, I do not think that you can use a future writing to change the
terms of a Trust. You cannot for instance "incorporate by reference"
unless the writing was in existence at the time the Will was executed. (RCW
11.12.255). I don't think you can use RCW 11.12.260 because some of the
properties listed they want to later use the writing for are excluded per
RCW 11.12.260(4).
I don't see a Statute on point specifically regarding Trusts, but I don't
think it would be best practice to draft a document like the clients are
seeking.
On Mon, Feb 27, 2023 at 11:07 AM <wsbapt-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. Re: out of state real property in an estate
> (attorneytoner at earthlink.net)
> 2. Looking for Attorney in Ventura California (deborah at neillaw.com)
> 3. Question about Revocable Living Trust (Candace Wilkerson)
> 4. Medicaid spend-down rules (Mike Zeno)
> 5. Re: Question about Revocable Living Trust (Heather de Vrieze)
> 6. Re: Question about Revocable Living Trust
> (Jeff at bellanddavispllc.com)
> 7. Re: Question about Revocable Living Trust (Philip N. Jones)
> 8. Decedent co-signed student Loan - collection effort
> (Brent Williams-Ruth)
> 9. Re: Question about Revocable Living Trust (Shannon Jones)
> 10. Re: Question about Revocable Living Trust (Candace Wilkerson)
> 11. Re: Question about Revocable Living Trust (Stuart Scarff)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sun, 26 Feb 2023 14:22:11 -0800
> From: <attorneytoner at earthlink.net>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] out of state real property in an estate
> Message-ID: <07cd01d94a30$c6051dd0$520f5970$@earthlink.net>
> Content-Type: text/plain; charset="iso-8859-1"
>
> I don?t have the answer, but I believe that the characterization of real
> property depends on which jurisdiction it is in. For instance, in Oregon,
> my understanding is that real property owned by Washington spouses is not
> community property, even if purchased with community funds and with a
> community property agreement, and the basis adjustment is a formula that
> and
> is not an automatic adjustment on the whole property. So caution is
> warranted.
>
> Eden Toner (retired)
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com
> >
> On Behalf Of Heather de Vrieze
> Sent: Thursday, February 23, 2023 5:44 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] out of state real property in an estate
>
>
>
> Perhaps I?m missing something, but assuming the wife ends up with 100% of
> this property, either she inherited 100% because it all belonged to
> husband,
> so stepped up basis in 100% or she inherited ? because it was community
> property, and she owned ? already. Then, as CP, she would get a step up in
> basis. I can?t think of any reason this property would not have a new basis
> equal to its fair market value at husband?s death.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> Attorney-at-Law
>
>
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com
>
> <http://www.westseattlelaw.com/> www.westseattlelaw.com
>
> Click here to connect with de Vrieze | Carney on Facebook:
> <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
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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 Jenna Brozik
> Sent: Thursday, February 23, 2023 3:11 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
> <mailto:wsbapt at lists.wsbarppt.com> >
> Subject: [WSBAPT] out of state real property in an estate
>
>
>
> Hello listmates,
>
>
>
> I have a probate case where the property was bought by a married couple in
> 1993 with community funds in Illinois. The property was only titled in the
> husband?s name although it was bought by the community with community funds
> and remained community property.
>
>
>
> The husband died in Washington State. For IRS purposes, doesn?t the wife
> get a step up in basis on the entire property, not just the 50% that is her
> community portion? For the purposes of this discussion, the husband died
> without a will, so intestate. Illinois is not a community property state,
> does that matter?
>
>
>
> Any comments or suggestions would be appreciated.
>
>
>
> Thank you,
>
>
>
> Jenna Brozik
>
> Managing Attorney
>
> PRINZ & BROZIK PLLC
> 445 S. Grand Avenue
> Pullman, WA 99163
> 509-338-0908 Telephone
> 509-338-3527 Facsimile
>
>
>
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> ------------------------------
>
> Message: 2
> Date: Mon, 27 Feb 2023 16:39:32 +0000
> From: "deborah at neillaw.com" <deborah at neillaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>,
> "wsbapt-owner at lists.wsbarppt.com" <wsbapt-owner at lists.wsbarppt.com
> >
> Subject: [WSBAPT] Looking for Attorney in Ventura California
> Message-ID:
> <
> MW4PR11MB6763DEDC5E49FB8DBE4A5F37F7A89 at MW4PR11MB6763.namprd11.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> I am looking for an attorney near Ventura, California to help finalize a
> trust where one beneficiary is missing. Think missing beneficiary might
> have been in Ventura County. Would like to deposit money in registry of
> court or whatever attorney recommends so trust can be closed.
>
> Deborah Jameson (she/hers)| Attorney | Neil & Neil, P.S.
> 5302 Pacific Avenue,Tacoma,WA 98408 | deborah at neillaw.com<mailto:
> deborah at neillaw.com>
> (253)475-8600 | f:(253)473-5746
> This email address is not monitored at all times. If your matter is
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> ------------------------------
>
> Message: 3
> Date: Mon, 27 Feb 2023 18:31:32 +0000
> From: Candace Wilkerson <cwilkerson at wongfleming.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Question about Revocable Living Trust
> Message-ID: <e8eb3980bbd54899bceec7699db1a86c at wongfleming.com>
> Content-Type: text/plain; charset="us-ascii"
>
> 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.
>
> [cid:image001.png at 01D94AAA.D4FC2390]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8
> >.
> Please leave us a review on Yelp by clicking here.<
> https://www.yelp.com/biz/wong-fleming-redmond>
>
> [cid:image003.png at 01D94AAA.D4FC2390]
> [cid:image004.jpg at 01D94AAA.D4FC2390]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
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>
> ------------------------------
>
> Message: 4
> Date: Mon, 27 Feb 2023 18:40:15 +0000
> From: "Mike Zeno" <mikez at zenolawfirm.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Medicaid spend-down rules
> Message-ID:
> <
> BYAPR18MB24051018A981465660CCA8D3B1AF9 at BYAPR18MB2405.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Dear all-
>
> I have let my knowledge of Medicaid spend-down rules become stale, and so
> I'd like to refer a potential client to someone who can advise about how to
> navigate them. Client is in the Seattle area. If you're interested,
> please let me know.
>
> Mike Zeno
>
> The Law Office of G. Michael Zeno, Jr., P.S.
> T: (425) 947-8050 F: (425) 947-8052
> 135 Lake Street S., Suite 257
> Kirkland, WA 98033
>
> Confidential/Privileged Communication: This email and any attachments are
> confidential, privileged and intended only for the intended recipient(s).
> Unauthorized disclosure, copying, distribution or use of this email is
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> ------------------------------
>
> Message: 5
> Date: Mon, 27 Feb 2023 18:46:56 +0000
> From: Heather de Vrieze <heatherd at westseattlelaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID:
> <
> MW3PR22MB2107A402FA6EC6FC6A3B6CF6A7AF9 at MW3PR22MB2107.namprd22.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> 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
> [cid:image005.jpg at 01D94A98.CE7E5310]
> 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>
>
> 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 Candace Wilkerson
> Sent: Monday, February 27, 2023 10:32 AM
> To: 'WSBA Probate & Trust Listserv' <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.
>
> [cid:image007.png at 01D94A98.CE7E5310]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8
> >.
> Please leave us a review on Yelp by clicking here.<
> https://www.yelp.com/biz/wong-fleming-redmond>
>
> [cid:image009.png at 01D94A98.CE7E5310]
> [cid:image010.jpg at 01D94A98.CE7E5310]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used, and cannot be used, for the purpose of (a) avoiding
> penalties under the Internal Revenue Code or (b) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
> ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED
>
> -------------- next part --------------
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>
> ------------------------------
>
> Message: 6
> Date: Mon, 27 Feb 2023 10:52:32 -0800
> From: <Jeff at bellanddavispllc.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID: <01ab01d94adc$a68cdbd0$f3a69370$@bellanddavispllc.com>
> Content-Type: text/plain; charset="us-ascii"
>
> 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
>
> Attorneys at Law
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
> info at bellanddavispllc.com or call 360.683.1129.
>
>
>
>
>
> 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
>
> (206)938-5500
>
> <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com
>
> <http://www.westseattlelaw.com/> www.westseattlelaw.com
>
> Click here to connect with de Vrieze | Carney on Facebook:
> <https://www.facebook.com/DeVriezeCarney>
>
>
>
> 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
> <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.
>
>
>
>
>
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
>
> Candace Wilkerson | Senior Associate | Wong Fleming
>
>
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> <mailto:cwilkerson at wongfleming.com> cwilkerson at wongfleming.com
>
>
>
> Please leave us a review on Google by clicking here
> <
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US92
>
> 5&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie
> =UTF-8
> <https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8>>
> .
>
> Please leave us a review on Yelp by clicking here.
> <https://www.yelp.com/biz/wong-fleming-redmond>
>
>
>
>
>
>
>
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide.
> Neither the transmission nor receipt of your information is considered a
> request for legal advice, securing legal services or retaining a lawyer. An
> attorney-client relationship with Wong Fleming or any lawyer at Wong
> Fleming
> is not established until and unless Wong Fleming agrees to such a
> relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements imposed
> by the IRS, we inform you that any U.S. federal tax advice contained in
> this
> communication (including any attachments) is not intended or written to be
> used, and cannot be used, for the purpose of (a) avoiding penalties under
> the Internal Revenue Code or (b) promoting, marketing or recommending to
> another party any transaction or matter addressed herein.
>
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT
> OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY
> NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION
> IS STRICTLY PROHIBITED
>
>
>
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>
> ------------------------------
>
> Message: 7
> Date: Mon, 27 Feb 2023 18:57:20 +0000
> From: "Philip N. Jones" <pjones at duffykekel.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID:
> <
> MWHPR02MB24158FA343F48CC8F18B1C64BCAF9 at MWHPR02MB2415.namprd02.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> 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
> 900 S.W. Fifth Ave. Suite 2500
> Portland, OR 97204
> pjones at duffykekel.com<mailto:pjones at duffykekel.com>
> (503) 226-1371 - office
> (503) 853-1482 - cell
> (503) 226-3574 - fax
>
> 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
> [cid:image001.jpg at 01D94A9A.10CEFD40]
> 3909 California Avenue SW
> Seattle, WA 98116-3705
> (206)938-5500
> heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
> www.westseattlelaw.com<
> https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.westseattlelaw.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C14b12a0dbfd14269192b08db18f3651a%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638131205887196799%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=tevk2qoInq9CMPSSypP3gkNXmnIBcgyV%2FJ77AD919j0%3D&reserved=0
> >
> Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <
> https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2FDeVriezeCarney&data=05%7C01%7Cpjones%40duffykekel.com%7C14b12a0dbfd14269192b08db18f3651a%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638131205887196799%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5o%2BK8%2BteJnLheOvnyueI4Ss0LKUybaxaNvznirbFNoA%3D&reserved=0
> >
>
> 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<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.
>
> [cid:image003.png at 01D94A9A.10CEFD40]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.google.com%2Fsearch%3Fq%3Dgoogle%2Bwong%2Bfleming%26rlz%3D1C1SQJL_enUS925US925%26oq%3Dgoogle%2Bwong%2Bfleming%26aqs%3Dchrome..69i57j69i64.2183j1j4%26sourceid%3Dchrome%26ie%3DUTF-8&data=05%7C01%7Cpjones%40duffykekel.com%7C14b12a0dbfd14269192b08db18f3651a%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638131205887196799%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=v3ZG3OK41mcd6OafHaCe306Kiu8xjUnyvgGBk0eWMiE%3D&reserved=0
> >.
> Please leave us a review on Yelp by clicking here.<
> https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.yelp.com%2Fbiz%2Fwong-fleming-redmond&data=05%7C01%7Cpjones%40duffykekel.com%7C14b12a0dbfd14269192b08db18f3651a%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638131205887196799%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=S8XK3e8yGMPG6BO%2BVzvHg3gqmMxSrz%2FfRr3lUnKduHM%3D&reserved=0
> >
>
> [cid:image005.png at 01D94A9A.10CEFD40]
> [cid:image006.jpg at 01D94A9A.10CEFD40]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used, and cannot be used, for the purpose of (a) avoiding
> penalties under the Internal Revenue Code or (b) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
> ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED
>
> -------------- next part --------------
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>
> ------------------------------
>
> Message: 8
> Date: Mon, 27 Feb 2023 10:57:21 -0800
> From: Brent Williams-Ruth <brent at williams-ruthlaw.com>
> To: "WSBA Probate & Trust Listserv" <WSBAPT at lists.wsbarppt.com>
> Subject: [WSBAPT] Decedent co-signed student Loan - collection effort
> Message-ID:
> <
> CAMMb1JN7dxy11Xipku+U4UEX0Qb_0bwXQg8R-PByevPUQiChzA at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Greetings List -
>
> One of my Executors that was about to close her mother's estate (literally
> just sent the Declaration of Completion to be signed by the Executor)
> received a collection notice for a student loan that the Decedent co-signed
> for a friend's daughter.
>
> 1) No notice was sent to them as there was no paperwork or any indication
> prior to this letter that Decedent had co-signed.
>
> 2) The collection effort makes no discussion regarding the other signatory
> of the loan.
>
> Has anyone had experience with this before? I have been looking for any
> specific reference to Washington case law on this topic but haven't found
> one on point.
>
> Appreciate any insights.
>
> Brent
>
> *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 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> -------------- next part --------------
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> >
>
> ------------------------------
>
> Message: 9
> Date: Mon, 27 Feb 2023 18:58:02 +0000
> From: Shannon Jones <shannonj at campbellbarnettlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID:
> <
> DM4PR12MB51839140C79996E1915844CEBCAF9 at DM4PR12MB5183.namprd12.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> I can share a related cautionary tale, where a trust had such a list
> "incorporated by reference" to distribute a large percentage of the residue
> to non-profits "to be selected by the Grantor." Grantor died before
> completing the list, leaving a blank list and no alternative disposition of
> that % of the Trust. Made a mess of things particularly as this was a
> taxable estate without the non-profit gifts.
>
>
> [cid:image001.png at 01D94A9A.5B80FFA0]
> Shannon R. Jones | Attorney
> Campbell Barnett PLLC
> Direct: 253.848.3515
> Office: 253.848.3513| Fax: 253.845.4941
> 317 South Meridian
> Puyallup, WA 98371
> shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
> campbellbarnettlaw.com<https://campbellbarnettlaw.com/>
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s). If this
> matter is transmitted to you in error, please delete and notify the sender
> immediately.
>
>
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Jeff at bellanddavispllc.com
> Sent: Monday, February 27, 2023 10:53 AM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
>
> 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
> Attorneys at Law
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com<mailto:
> info at bellanddavispllc.com> or call 360.683.1129.
>
>
> 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 Heather de Vrieze
> Sent: Monday, February 27, 2023 10:47 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:
> 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
> [cid:image002.jpg at 01D94A9A.5B80FFA0]
> 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>
>
> 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<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.
>
> [cid:image006.png at 01D94A9A.5B80FFA0]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8
> >.
> Please leave us a review on Yelp by clicking here.<
> https://www.yelp.com/biz/wong-fleming-redmond>
>
> [cid:image010.png at 01D94A9A.5B80FFA0]
> [cid:image011.jpg at 01D94A9A.5B80FFA0]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used, and cannot be used, for the purpose of (a) avoiding
> penalties under the Internal Revenue Code or (b) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
> ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED
>
> -------------- next part --------------
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> >
>
> ------------------------------
>
> Message: 10
> Date: Mon, 27 Feb 2023 19:06:11 +0000
> From: Candace Wilkerson <cwilkerson at wongfleming.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID: <9fefabea08664cdb8a78f8e83d30663c at wongfleming.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Thanks, Heather, and thanks to Natalie as well for your responses! I
> thought this was the case, but wanted to make absolutely sure I wasn't
> missing anything.
>
> (And Natalie, I appreciate your thoughts on the CRT. Considering this is
> a client from one of those employer-subsidized legal plans, I won't be
> drafting a charitable remainder trust for them.)
>
> Best,
> Candace
>
> *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.
>
> [cid:image001.png at 01D94AB4.A3FFF690]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8
> >.
> Please leave us a review on Yelp by clicking here.<
> https://www.yelp.com/biz/wong-fleming-redmond>
>
> [cid:image003.png at 01D94AB4.A3FFF690]
> [cid:image004.jpg at 01D94AB4.A3FFF690]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used, and cannot be used, for the purpose of (a) avoiding
> penalties under the Internal Revenue Code or (b) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
> ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Heather de Vrieze
> Sent: Monday, February 27, 2023 1:47 PM
> 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
> [cid:image005.jpg at 01D94AB4.A3FFF690]
> 3909 California Avenue SW
> Seattle, WA 98116-3705
> (206)938-5500
> heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
> www.westseattlelaw.com<
> https://url.emailprotection.link/?bLnYyLdPUMccYgtyB15gc8aHZfLGrrQoFBDQM4zrvW1tngJh3mp_ZwDaS7XDabD5Ogs9aLBDxmMrBun2bIU5DIw~~
> >
> Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <
> https://url.emailprotection.link/?bUU7m4NfMS_EWGtH1yojBHXdSD6QwuQz0pm-H1hPd2q3yz3aQi9OwiDQrcqMxGdelBESBVcmBfdRXqweWVLbp5XVY50FqDUOgEeCIPosnC2w2in1Ra4E2EQ2N-Boe4PKX
> >
>
> 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<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.
>
> [cid:image001.png at 01D94AB4.A3FFF690]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://url.emailprotection.link/?baf6tmSi8Q8A-qOCy4k25ZuFLhyHmMqwv-ELJRzJQ8gLVba3Z8jeHPxTxt1xwmdZE0fzKG0emLLsVhvuioUkWXFFmZMBYpRkCCwhyokvdYO-jWTh9kzkBvQSBmJupzXQjtHZTRFeiP6joKiaQjCxwdi_jpyOlBHYGai1Tf4iw_H5tTpxEcwPykTkJ7Uk8HSCYuUsQbJFazUdD3emwQnk1QQ~~
> >.
> Please leave us a review on Yelp by clicking here.<
> https://url.emailprotection.link/?bPLIs0SLoZ_mobljRyGQy47Yoe2hRKIfP5qOwHsAqftn6ukBiyuigk-ve5Wwa7IrqIMz2IGa1Y9raisrtcPkAGFdkg1PWdoCwYuoujYgAknnXny2U2lKd7z9eFGvsFtEf
> >
>
> [cid:image003.png at 01D94AB4.A3FFF690]
> [cid:image004.jpg at 01D94AB4.A3FFF690]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
> at Wong Fleming is not established until and unless Wong Fleming agrees to
> such a relationship as reflected in a separate writing.
>
> IRS Circular 230 disclosure: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used, and cannot be used, for the purpose of (a) avoiding
> penalties under the Internal Revenue Code or (b) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
> PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
> PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
> RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
> ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
> COMMUNICATION IS STRICTLY PROHIBITED
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20230227/e759acd2/attachment-0001.html
> >
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> >
>
> ------------------------------
>
> Message: 11
> Date: Mon, 27 Feb 2023 19:06:36 +0000
> From: Stuart Scarff <stuart at scarfflaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about Revocable Living Trust
> Message-ID:
> <
> MW3PR13MB391514B36054ABD86734D5B1D9AF9 at MW3PR13MB3915.namprd13.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> I have had similar requests and advised against the concept. Because
> trusts need not comply with the Statute of Wills, I wonder if referencing
> the list of beneficiaries and assets/Letter of Instruction in the Trust and
> attaching it as a schedule/exhibit to the Trust makes a difference?
>
> Stuart Scarff, Esq.
> 3035 Island Crest Way, Suite 201
> Mercer Island, WA 98040
> 206.236.1500
> 206.905.5912 (fax)
> www.scarfflaw.com<http://www.scarfflaw.com/>
> [Description: FaceBook-icon]<http://www.facebook.com/ScarffLawFirm>
> [Description: Linked-In-icon] <
> http://www.linkedin.com/pub/stuart-scarff/2/706/97>
> [cid:image003.png at 01D94A9B.8AFE53D0] <http://www.scarfflaw.com/>
> P Please consider the environment before printing this e-mail
> This message and any attachments hereto are intended for the exclusive use
> of the addressee and may contain proprietary, confidential and/or
> privileged information. If you are not the intended recipient, please
> delete this message and notify me immediately that you received this
> message in error; and do not copy, disclose or distribute this message to
> anyone.
>
> 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
> [cid:image004.jpg at 01D94A9B.8AFE53D0]
> 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>
>
> 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<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.
>
> [cid:image006.png at 01D94A9B.8AFE53D0]
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson | Senior Associate | Wong Fleming
>
> 9840 Willows Road NE, Suite 200 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
>
> Please leave us a review on Google by clicking here<
> https://www.google.com/search?q=google+wong+fleming&rlz=1C1SQJL_enUS925US925&oq=google+wong+fleming&aqs=chrome..69i57j69i64.2183j1j4&sourceid=chrome&ie=UTF-8
> >.
> Please leave us a review on Yelp by clicking here.<
> https://www.yelp.com/biz/wong-fleming-redmond>
>
> [cid:image008.png at 01D94A9B.8AFE53D0]
> [cid:image009.jpg at 01D94A9B.8AFE53D0]
> Before proceeding, please note: If you are not a current client of Wong
> Fleming, please do not include any information in this e-mail that you or
> someone else considers to be of a confidential or secret nature. Wong
> Fleming has no duty to keep confidential any of the information you
> provide. Neither the transmission nor receipt of your information is
> considered a request for legal advice, securing legal services or retaining
> a lawyer. An attorney-client relationship with Wong Fleming or any lawyer
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--
Felt Law
Amy Felt - Attorney
9840 Willows Road NE Suite #200
Redmond, WA 98052
425-780-6103
(within law offices of Wong Fleming Attorneys)
Before proceeding, please note: If you are not a current client of Felt
Law, please do not include any information in this e-mail that you or
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the transmission nor receipt of your information is considered a request
for legal advice, securing legal services or retaining a lawyer. An
attorney-client relationship with Felt Law or any lawyer at Felt Law is not
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reflected in a separate writing.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
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