[WSBAPT] To send or not to send

[Jeff at bellanddavispllc.com]

The trust states any modification "shall be valid and fully effective
whenever Trustee shall receive from Trustor written notice thereof, . . . "
An argument can be made that the hand written markings, on the original
trust, are notice to the trustee.   In looking at RCW 11.98.008, .009, 011,
you don't have the same requirements for creating a trust as you do Wills.
In fact .014 allows for oral trusts.  I do not see anything in RCW
11.103.030, that would invalidate  the markups.  

 

So, the argument can be made the hand written revisions by the Trustor
during her life time are valid.  It just doesn't seem right without a formal
amendment.

 

Jeff

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Philip N. Jones
Sent: Monday, March 27, 2023 4:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] To send or not to send

 

Yes, trusts are contracts, sort of.  But a revocable living trust is entered
into between the trustor and the trustee. They usually the same person. What
does the trust say about the formalities that are needed for an amendment?

Phil Jones

 

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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of
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<Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> >
Sent: Monday, March 27, 2023 1:10:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
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Subject: [WSBAPT] To send or not to send 

 

Decedent heavily marked up her original living trust taking out and adding
beneficiaries.  You can read through the markups.  We have a clean copy of
the trust.  I do not know if this is treated differently then a marked up
Will, which if you can read through the markups, the Court enforces the
original language.  Trusts are contracts.  Do the markups change that, or
does it invalidate it?  I am inclined to send both documents to the named
people.  

 

Have any of you dealt with this before?

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 
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