[WSBAPT] Olympia estate attorney recs?

[msilver at wolfenet.com]

If all of the beneficiaries agree, why not?

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Erin Fairley
Sent: Friday, January 19, 2024 9:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Olympia estate attorney recs?

 

PC needs help with a trust/trustee issue.  

 

Thank you 

 

Sent from my iPad





On Jan 18, 2024, at 3:09 PM, Kendel Froese <kendel at thrivelawpllc.com> wrote:

 

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  <https://calendly.com/froeselawpllc> here!



Please Note!

The information contained in this email and any attachments are meant only for the use of the intended recipient and may be confidential and/or privileged. If you are reading this communication and are not the intended recipient, any unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you received this communication by mistake, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you for your cooperation!

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240119/fccf169b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0000.jpg
Type: image/jpeg
Size: 823 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240119/fccf169b/WRD0000.jpg>