[WSBAPT] Process Servers in the Everett Area

[Andrekita Silva]

Law Office of 
F.ANDREKITA SILVA
_______________________________________________________   

February 21, 2024

Listserve,

What are the specific requirements for creation of a trust?

A client of mine (in a guardianship matter), had an appendectomy (while in a foreign country.) The surgery went fine but a day or so later, he took a turn for the worse. His sister flew to keep him company and to care for IP. Client realized he had no Will and that maybe he should write one upon returning home. But, he was deteriorating at such a pace, that he asked to record his wishes while still there at the hospital.  Sister calls notary public who video tapes Client's statement in the presence of 2 witnesses (so, sister, notary, and ambulance driver present). 

He indicates his house #72 & his Towing business should be managed by his sister for his son (who is IP). He identifies some other property and says what should happen to it.  Everything else he leaves to IP. He does not mention 2 of his other children. He wants sister to be Guardian for IP.  He dies within an hour.  He says "I love you all. Goodbye." He knew he would die momentarily.

I know this is not a valid Will. But, what is required to create a valid trust?  He never uses the word "trust" "Trustor" or "trustee." No titles changed because he died too soon. 

It was clear from the statement that Client was trying to create a WILL. But, Can this recorded oral statement be considered a trust? Can the recorded statement be used to transfer title, at minimum,  to the house and business/business assets to IP? Or, is it just too bad and everything passes by intestate succession? 

At this point, it doesn't look like foreign country recognizes oral wills.

andrekita 
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com
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