[WSBAPT] What are the specific requirements for creation of a trust?

[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.
(sorry if this is duplicative. I first sent this out using someone elses 
subject line...)

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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