[WSBAPT] RLT / Decedent's Trust

[Bryce Dille]

The beneficiaries of the decedents trust would have standing to object however if you had a tedra agreement  which provided all the assets would be held in the survivors trust and that there would be no change in the ultimate beneficiaries on the death of the second spouse you could do it

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kendel Froese
Sent: Thursday, January 18, 2024 3:03 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] RLT / Decedent's Trust

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://urldefense.proofpoint.com/v2/url?u=https-3A__www.froeselawpllc.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=b_AxNi98Uusp8HLDYJo7zppwzH4egrcB6uAJ1gdwcMmNHBHBvz_e8JCnXNOq_0cz&s=ZBo4vEMID2QaHhruk-0zRn2imp7_M1zLI7756mcm7nc&e=>

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