[WSBAPT] RLT / Decedent's Trust

[Kendel Froese]

Good afternoon all!

I am reviewing an RLT drafted 25 years ago by another attorney that directs
the creation of a Decedent's Trust and a Survivor's Trust when the first
spouse dies, presumably for tax planning purposes. The first spouse died
recently. The RLT assets are well below the Washington estate tax threshold
(just over a million total), and the surviving spouse does not want the
extra work of the assets being divided into 2 separate trusts - especially
when there is no benefit tax-wise.

My understanding is the Decedent's Trust is irrevocable, and there is no
language in the RLT that makes the Decedent's Trust discretionary, or
providing that it can be changed or revoked. Absent that, is there any way
for the surviving spouse/trustee to unwind this and just have access to all
of the RLT assets outright? I'm not experienced with TEDRA, but is that an
option in this situation?

Thank you in advance for your insight!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC <https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here
<https://calendly.com/froeselawpllc>!

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