[WSBAPT] Clayton QTIP Election at First Death

[Robin Swanson]

Hi Listmates,

I'm drafting a revocable living trust for a married couple who are the
trustors and initial trustees. They want to name their son, who is also a
beneficiary of the trust, to make or direct the Clayton QTIP election at
the first spouse’s death. I understand that using an independent trustee
who is not a beneficiary is recommended because of conflict and fiduciary
concerns. Can someone please explain whether a beneficiary/son can serve in
that role under Washington law? They are not satisfied with my general
answer and want to name their son.

Thank you,
-- 

Robin Swanson

Secure Legal Legacy, PLLC

Attorney at Law


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